South Dakota 3 Day Notice to Quit for NonPayment (Eviction) | PDF
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South Dakota eviction notice forms also known as Forcible Entry and Detainer documents. Landlords must follow a strict eviction process in order to evict a tenant legally, as outlined in Statute Chapter 21-16.
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How to Evict
Step 1. Notice to Quit
South Dakota law first requires property owners to give tenants a Three (3) Day Notice to Quit if the tenant has failed to pay rent for at least three days, stayed after the lease expired, or violated the lease or a law, such as committing drug crimes on the property. The notice must be in writing, explain what the tenant’s violation is, that the landlord could file an eviction if the tenant does not correct it, and it must state the property address and the parties’ names. Deliver the notice to the tenant personally. If the tenant is not at the residence, the notice can be posted conspicuously on the property, for example, on the front door.
Step 2. Summons and Complaint
If the tenant fails to leave the property or fix the violation within three days of receiving the notice, the landlord can file a Summons and Forcible Entry and Detainer Complaint at the local magistrate’s court. The sheriff will serve these documents to the tenant, and the Summons will state the time and date of the hearing. The owner may request that the tenant be forced to file an Answer within four days of service. A hearing will be scheduled to occur typically 4 to 30 days after service of these documents.
If the tenant does not file an Answer, the court will grant a default judgment to the landlord, in which case the landlord will win the eviction.
Step 3. Hearing
A judge will hear the case unless the tenant requests a jury trial. To win, the property owner must prove that the tenant failed to pay rent or committed some violation in addition to showing that notice was properly served. Likewise, the tenant may present evidence showing that these accusations are not true. In either case, it is important to bring relevant documents such as the lease, payment and notice receipts, and any witnesses that can support your case.
If the landlord wins, the judge will issue a Writ of Eviction, which will enable the sheriff to forcibly remove the tenant after a designated period. The winning party may also be entitled to court costs.
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