Housing & Tenant · Eviction Notice
Eviction Notice in South Dakota
How many days of written notice a landlord must give before filing an eviction in South Dakota, broken down by reason, and what you can do about it, cited to the statute.
Every notice period in South Dakota
The written notice for each reason a landlord can end a tenancy, and what each one means.
| Reason for the notice | Notice in South Dakota | What it means |
|---|---|---|
| Nonpayment of rent | Can fix and stay3 days (waiting period, not a served notice) | Rent being unpaid for three days after it is due remains a substantive part of the ground under SDCL 21-16-1(4), which the 2024 repeal did not touch. What was repealed is the separate notice-to-quit step that used to be served before filing (former SDCL 21-16-2). Paying can still resolve the case. |
| No cause, periodic tenancy | Set by separate statute | The notice period to end a periodic tenancy sits in a separate section of the South Dakota code rather than in the forcible-entry-and-detainer chapter covered here, so confirm it separately. |
| After the notice | Court | After the 2024 repeal of SDCL 21-16-2, the case proceeds by a summons and complaint under SDCL 21-16-7. Because the change is recent and its day-to-day operation is still settling, confirm the current procedure before relying on it. Only a court can order a tenant removed. |
| Statute | S.D. Codified Laws §21-16-1; §21-16-2 (repealed 2024); §21-16-7 | The controlling statute for these notice periods. Read the full text through the source link below. |
SB 90 (SL 2024 ch. 75) repealed SDCL 21-16-2 effective 1 July 2024. Most guides still describe South Dakota as a three-day notice state, which no longer matches the repealed statute. Confirm the current text of SDCL 21-16-1, 21-16-2, and 21-16-7 before relying on a specific figure.
What you can do right now
Concrete, neutral steps if you have received an eviction notice in South Dakota. This is legal information, not legal advice.
- Do not rely on old three-day notice guidance
South Dakota repealed its separate notice-to-quit statute in 2024. Guides that still say you will be served a three-day notice may be out of date, so treat the rent due date, not a promised notice, as your real deadline.
- Pay the rent quickly
Because the separate pre-filing notice step is gone, do not wait for a notice to arrive. If you owe rent, pay it as soon as you can and keep proof, since the three days now functions as a waiting period rather than a warning to you.
- Respond to the summons and complaint
If the landlord files, you are served with a summons and complaint and given a short time to respond. Appear and respond by the deadline, with your lease and payment records. A tenant who does nothing can be removed quickly.
- Get local legal help
Because the 2024 change is recent and still settling, current advice matters here more than usual. A local South Dakota legal aid office can tell you how the repealed notice rule is being applied. Search for legal aid in your area and act early.
This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the notice that applies to your home.
What South Dakota renters get wrong
South Dakota quietly changed its eviction notice in 2024, and most of the internet still prints the old rule. Senate Bill 90, effective 1 July 2024, repealed SDCL 21-16-2, the statute that used to require a separate three-day notice to quit before an eviction could be filed. What the repeal did not touch is SDCL 21-16-1(4), where rent being three days overdue remains part of the ground itself. So South Dakota did not become a no-notice state or a three-day-notice state in the ordinary sense. It became a state where the three days is a waiting period built into the cause of action rather than a notice the renter receives. In practice that means a renter should not wait for a served notice that the statute no longer requires, and should treat the rent due date as the real deadline. Because the change is recent and its day-to-day operation is still settling, this page is marked as cited rather than confirmed, and the current text of SDCL 21-16-1, 21-16-2, and 21-16-7 should be checked before relying on any figure. Only a court can order a tenant out.
Common questions
Does South Dakota still require a three-day eviction notice?
Not as a separate served notice. Senate Bill 90 repealed SDCL 21-16-2 in 2024, which was the notice-to-quit statute. The three-day period survives in SDCL 21-16-1(4) as part of the ground itself, so it is now a waiting period rather than a notice you receive.
Why do other sites still say South Dakota is a 3-day notice state?
Because the 2024 repeal is recent and many guides have not updated. They describe the old SDCL 21-16-2 notice-to-quit step, which no longer exists. We report the change but mark the page as cited because how it operates in practice is still settling.
What should I do about unpaid rent in South Dakota now?
Do not wait for a served notice that the statute no longer requires. Treat the rent due date as your deadline, pay as soon as you can, keep proof, and get current local advice, because the procedure after the 2024 repeal is still being worked out in practice.
How much notice ends a month-to-month tenancy in South Dakota?
That figure sits in a separate periodic-tenancy section of the South Dakota code rather than in the forcible-entry-and-detainer chapter affected by the 2024 repeal. Confirm the current period with a local legal aid office before relying on a specific number.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.