Eviction Notice Requirements in South Dakota
South Dakota no longer requires a 3-day notice to quit before filing an eviction (the requirement was repealed in 2024), so an action can be filed once rent is 3 days late, while a month-to-month tenancy ends with one month's notice.
Last checked . General information, not legal advice.
South Dakota at a glance
- Notice for unpaid rent
- No fixed period
- No statutory pre-filing notice to quit (repealed 2024); an eviction action may be brought once rent is 3 days past due
- Notice for a lease violation
- No fixed period
- No statutory pre-filing notice to quit (repealed 2024); action available when the tenant's act or omission terminates the lease under its terms
- Ending a month-to-month tenancy
- 30 days
- Notice at least as long as the rental period, not exceeding one month
The rules in South Dakota
How much notice does a landlord have to give for unpaid rent in South Dakota?
South Dakota rule: No statutory pre-filing notice to quit (repealed 2024); an eviction action may be brought once rent is 3 days past due.
How much notice is required to evict for a lease violation in South Dakota?
South Dakota rule: No statutory pre-filing notice to quit (repealed 2024); action available when the tenant's act or omission terminates the lease under its terms.
How much notice is needed to end a month-to-month tenancy in South Dakota?
South Dakota rule: Notice at least as long as the rental period, not exceeding one month.
Where do the South Dakota rules for eviction notices come from?
They come from SDCL 21-16-1 Grounds for maintenance of action, SDCL 21-16-2, 2024 Senate Bill 90 (enrolled), repealing SDCL 21-16-2 and 1 other source. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
What this means in practice
A notice is usually the first step, not the eviction itself. A landlord generally needs a court order before a tenant can be removed, and changing the locks or cutting utilities to force a tenant out is not allowed in most states.
Serve the notice the way state law requires, keep a copy and proof of delivery, and count the days carefully: some states skip weekends and holidays.
Tenants who receive a notice can often stop the process by paying or fixing the problem within the notice period. Local legal aid offices can explain the options.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.