In South Dakota, landlords can use an eviction notice to start the eviction process.
It is an important legal document that should be created when the landlord needs to take legal action against a tenant who has breached the terms of their lease agreement, like failing to pay rent on time or causing damage to the rental property, among other reasons.
An eviction notice provides a legal basis for the landlord to evict the tenant from the property.
Types of Eviction Notices in South Dakota
The reason for eviction determines the types of eviction notices. The eviction notice explains the basis for the eviction and specifies when the tenants must vacate the premises.
Notice to Pay Rent or Quit
The tenant is in violation of the lease for failing to pay rent according to the terms of the lease. This type of notice allows the tenant three days to remedy the issue before further action is taken. (21-16-1(4))
For other violations of the lease, such as non-compliance with lease terms or regulations, landlords can give tenants a reasonable amount of time to remedy the issue or vacate the premises. This type of notice can vary in length, depending on the nature of the violation. (43-32-18)
When a lease is month-to-month or week-to-week, landlords must give tenants notice in advance of terminating the lease. In this case, the amount of notice required is as long as the lease period itself.
For example, if the lease is a month-to-month agreement, the landlord has to give the tenant 30 days' notice before asking them to vacate the property. Similarly, if the lease is a week-to-week agreement, the landlord has to give the tenant seven days' notice. (43-32-15)
Eviction Laws and Requirements in South Dakota
Laws & Requirements
Grace rent period. In South Dakota, the agreed-upon date for rent payment is considered the due date, with no grace period allowed.
Non-payment of rent. Tenants have three days to pay the rent after an eviction notice is issued if they have not paid by the due date.
Non-compliance. When tenants fail to comply with lease terms, the landlord can issue an eviction notice specifying the time required to cure the lease.
Termination of tenancy. To terminate a month-to-month or week-to-week tenancy, the landlord must provide notice equivalent to the length of the lease period.
When is Rent Late in South Dakota?
In South Dakota, rent is due on a date agreed upon and specified in the lease agreement. Therefore, if the rent is not paid by the date specified in the lease, it is considered late.
Grounds for Eviction in South Dakota
The primary reason for a landlord to initiate the eviction process is when a tenant is occupying the property without authorization.
The following factors can play a role in causing this:
Grounds for Eviction
Failure to pay rent on time
Continuing to occupy the property after the lease agreement has ended
Occupying the property after it has been sold by the landlord
Violation of lease terms and failure to remedy the issue after receiving an eviction notice
Eviction Process in South Dakota
The eviction process involves the following steps to ensure that the entire procedure is in accordance with the law:
#1. Write a Notice
The first step concerns the landlord's obligation to inform the tenant, before taking any legal action, of the reasons for eviction and the deadline by which the tenant must vacate the property. The landlord should provide a copy of the eviction notice to the sheriff's office, after which the sheriff will issue an affidavit of service.
#2. File the Complaint
If the tenant does not comply with the landlord's order and does not vacate the property within three days of receiving the eviction notice, the landlord is entitled to remove the tenant from the premises in a legal proceeding.
For this purpose, the landlord must complete a case filing statement, summons, and verified complaint, to which they will attach the notice to quit and vacate and the sheriff's affidavit of service.
#3. Serve the Tenant
After the tenant has been served with the aforementioned documents and the complaint, they have four days to respond to the complaint, present facts, and propose evidence to counter the landlord's claims.
#4. Wait for the Court’s Judgment
If the tenant fails to respond to the complaint within the four-day period, the court will rule in favor of the landlord and order the tenant to vacate the property.
In case the tenant files a response to the landlord's lawsuit within the legal timeframe and disputes their claims, the landlord must contact the clerk of court's office or court administration, complete the Notice of Hearing, and mail it to the tenant at least seven days before the trial date.
Following that, a trial will be held, and the court will decide in favor of one of the parties based on the presented facts.
Other Eviction-Related Forms in South Dakota
In addition to the eviction notice, there are other forms utilized within the eviction process by the parties, such as:
Other Eviction-Related Forms
Notice to quit and vacate (UJS Form 110). This form serves as a notice to inform the tenant of the reason for eviction and that they have three days to vacate the property; otherwise, the landlord will pursue legal action to regain possession of the property.
Affidavit of mailing (Form UJS 115). The landlord uses this form as proof that the documents used in the eviction process, such as the verified complaint, summons, notice of hearing, and others, have been delivered to the tenant.
Eviction Information for Landlords in South Dakota
Even if the tenant has failed to pay rent on time or has violated the lease agreement, the landlord cannot use methods such as changing locks or cutting off water, electricity, or gas to force the tenant to vacate the property.
In such a case, the tenant may have the right to sue the landlord, which can result in multiple fines that the landlord would be obligated to pay.
Instead of using self-help methods, the landlord should take the legal route, which involves a process starting from delivering an eviction notice to the tenant to the court's decision on ordering the tenant to vacate the property.
Eviction Information for Tenants in South Dakota
The eviction procedure that is carried out in accordance with the law gives the tenant the right to fight the eviction before the court, i.e., to present arguments as to why they believe they have not violated the lease agreement.
This also means that the landlord cannot evict the tenant for any discriminatory reasons or by using self-help methods and that tenant rights are protected through a mandatory legal process before any decision to evict the tenant can be made.
How to Write an Eviction Notice in South Dakota
South Dakota Eviction Notice Checklist
South Dakota Eviction Notice FAQ
You can file an eviction notice if the tenant is late with rent payments, breaches the lease agreement, causes damage to the rented property, engages in illegal activities, or terminates a month-to-month or week-to-week lease.
Delivering an eviction notice to the tenant is the first and mandatory step that a landlord must take to conduct the eviction process in accordance with South Dakota law.
The eviction process in South Dakota can last from several weeks to several months, depending on the type of lease, the reasons for eviction, and whether the tenant contests the eviction.
Yes, a 3-day eviction notice is legal in South Dakota for non-payment of rent.