South Dakota Eviction Laws
South Dakota rules on eviction for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No statutory notice to quit. The landlord may file a forcible entry and detainer (eviction) action once rent has been unpaid for three days after it is due. SDCL 21-16-1(4); SDCL 21-16-6; SDCL 21-16-2 (repealed)
The rules in South Dakota
| Notice for unpaid rent | No statutory notice to quit. The landlord may file a forcible entry and detainer (eviction) action once rent has been unpaid for three days after it is due. The first legal step is filing and serving a verified complaint and summons. RECENT CHANGE: 2024 Senate Bill 90 (SL 2024, ch 75, § 1), signed Mar. 26, 2024 and effective July 1, 2024, repealed SDCL 21-16-2. That section had required three days' written notice to quit before filing in cases under 21-16-1(4)-(6), meaning nonpayment, holdover, and possession after a foreclosure or judicial sale. Check the lease for any notice it requires. Ending a periodic or at-will tenancy still requires notice (SDCL 43-32-15; 43-8-8). Bill text: https://mylrc.sdlegislature.gov/api/Documents/262852.html |
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| Notice for lease violations | No statutory notice or cure period. An FED action lies when the tenant commits waste or does or fails to do an act that terminates the lease under its terms. The landlord may also end the lease early if the tenant uses the premises contrary to the lease or does not make required repairs within a reasonable time after a request. Lease-violation cases under 21-16-1(7) were never covered by the former three-day notice to quit in 21-16-2, which applied only to subdivisions (4)-(6). That section was repealed in 2024 (SL 2024, ch 75). Any cure period comes from the lease. Source: SDCL 21-16-1(7); SDCL 43-32-18 |
| Lockouts & utility shutoffs | If the landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water, or other essential service, the tenant may sue for an injunction, recover possession, or end the lease. In any of these cases the tenant also recovers damages equal to two months' rent plus return of any advance rent and deposit. Source: SL 1976, ch 267, § 1; SL 1982, ch 299. Source: SDCL 43-32-6 |
How an eviction case works in South Dakota
Eviction cases are heard in: Circuit court or magistrate court in the county where the property is located (SDCL 21-16-3).
- Grounds arise: rent unpaid 3 days after it is due, holdover after the lease ends, or a breach that ends the lease (SDCL 21-16-1). No statutory notice to quit has been required since July 1, 2024 (SDCL 21-16-2 repealed)
- File verified complaint with summons (SDCL 21-16-6)
- Service by sheriff, authorized person, or constable: at least two attempts, one week apart, both within 30 days. On the second attempt the summons may be posted, delivered to a resident, and mailed first class. Optional one-time publication starting on the day of the first attempt (SDCL 21-16-6, 21-16-6.1)
- Tenant must appear and plead within 5 days of service, or 30 days after publication if sooner. Continuances over 14 days require a rent undertaking (SDCL 21-16-7)
- Trial may be set on 2 days' notice after issue is joined (SDCL 21-16-8)
- Judgment for possession, rent, and damages. Attorney fees may be taxed as costs (SDCL 21-16-10, 21-16-11)
- Execution for possession is served in the daytime only (SDCL 21-16-12)
Landlords: how to evict a tenant in South Dakota — steps, costs, timeline and forms.
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Related questions
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
South Dakota vs. neighboring states
| State | Notice for unpaid rent | Notice for lease violations | Lockouts & utility shutoffs |
|---|---|---|---|
| South Dakota | No statutory notice to quit. The landlord may file a forcible entry and detainer (eviction) action once rent has been unpaid for three days after it is due. The first legal step is filing and serving a verified complaint and summons. SDCL 21-16-1(4); SDCL 21-16-6; SDCL 21-16-2 (repealed) | No statutory notice or cure period. An FED action lies when the tenant commits waste or does or fails to do an act that terminates the lease under its terms. The landlord may also end the lease early if the tenant uses the premises contrary to the lease or does not make required repairs within a reasonable time after a request. SDCL 21-16-1(7); SDCL 43-32-18 | If the landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water, or other essential service, the tenant may sue for an injunction, recover possession, or end the lease. In any of these cases the tenant also recovers damages equal to two months' rent plus return of any advance rent and deposit. SDCL 43-32-6 |
| Iowa | 3 days' written notice of nonpayment and of the landlord's intent to terminate if rent is not paid within that period. After that notice, no separate 3-day notice to quit is required before filing. Iowa Code § 562A.27(2); § 648.3(1) | 7 days' written notice specifying the breach; the lease terminates if the breach is not remedied within 7 days. A repeat of substantially the same breach within 6 months allows termination on 7 days' notice without a right to cure. For a clear and present danger to others, a single 3-day notice of termination and notice to quit. Iowa Code § 562A.27(1); § 562A.27A | If the landlord unlawfully removes or excludes the tenant or willfully interrupts electric, gas, water or other essential services, the tenant may recover possession (or terminate the lease) and recover actual damages, punitive damages up to twice the monthly rent, and reasonable attorney fees. Iowa Code § 562A.26 |
| Minnesota | Before filing an eviction for nonpayment of rent (residential), the landlord must deliver a written notice giving the tenant 14 days to pay. The notice must state the total due, an itemized accounting (rent, late fees, other charges), who is authorized to receive payment and where, and required statements about legal help and rental assistance. Delivery is personal or by first-class mail to the rental address. Minn. Stat. § 504B.321, subd. 1a | No statutory notice or cure period. If the tenant has breached lease terms not involving rent or another financial obligation, the landlord generally does not have to give notice before filing, unless the lease requires notice. Minn. Stat. § 504B.285, subd. 1 | Self-help eviction is illegal. A landlord who unlawfully and in bad faith locks out or excludes a residential tenant is liable for triple damages or $500, whichever is greater, plus reasonable attorney fees. A landlord may not interrupt electricity, heat, gas, or water. Penalty: triple damages or $500, whichever is greater, plus reasonable attorney fees. Minn. Stat. §§ 504B.231, 504B.221, 504B.225, 504B.375 |
| Montana | 3 days' written notice of nonpayment and intent to terminate; agreement terminates if rent is not paid within 3 days. Mont. Code Ann. § 70-24-422(2) | General noncompliance: 14 days' written notice (agreement ends unless remedied). 3 days for unauthorized pet, unauthorized persons residing in the unit, verbal abuse of the landlord, destroying/damaging the premises, or creating a reasonable potential for damage or harm to others. Repeat of substantially the same act within 6 months: at least 5 days. Mont. Code Ann. § 70-24-422(1), (3), (4) | Self-help eviction prohibited: landlord may not recover possession except by court action (or after abandonment/surrender), and may not purposefully cut heat, water, hot water, electricity, gas, or other essential services. Tenant may recover possession or terminate, and recover up to 3 months' periodic rent or treble damages, whichever is greater. Mont. Code Ann. §§ 70-24-428, 70-24-411 |
| Nebraska | 7 calendar days' written notice of nonpayment and intent to terminate; landlord may terminate if rent is not paid within that time. Neb. Rev. Stat. § 76-1431(2) | Written notice of a material breach or breach affecting health and safety: tenant has 14 days to remedy, and the agreement terminates on a date at least 30 days after receipt of notice if not remedied. Repeat of substantially the same breach within 6 months: termination on at least 14 days' written notice (no cure). Violent criminal activity, illegal drug sales, or other activity threatening health/safety: 5 days' written notice, no right to cure. Neb. Rev. Stat. § 76-1431(1), (4) | Prohibited. If a landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water, or other essential service, the tenant may recover possession or terminate, and recover an amount equal to three months' periodic rent as liquidated damages plus a reasonable attorney's fee. Neb. Rev. Stat. § 76-1430 |
| North Dakota | Rent must be more than 3 days past due; then the landlord must serve a 3-day written notice of intention to evict before filing. N.D.C.C. §§ 47-32-01(4), 47-32-02 | 3-day written notice of intention to evict for violation of a material term of a written lease. No statutory cure right. N.D.C.C. §§ 47-32-01(8), 47-32-02 | ND Attorney General: 'The landlord cannot lock you out, cut off the utilities, or confiscate your belongings.' Eviction requires a court order. ND Attorney General tenant rights page; N.D.C.C. ch. 47-32 |
| Wyoming | 3-day notice to quit. FED is allowed after rent is 3 days past due, and the written notice to leave must be served at least 3 days before the action is filed. W.S. 1-21-1002(a)(i), 1-21-1003 | 3-day notice to quit, with no statutory right to cure. FED is available against renters who violate the duties in W.S. 1-21-1204 or the prohibitions in 1-21-1205 (damage, interfering with others' peaceful enjoyment, unreasonably denying access). W.S. 1-21-1002(a)(vi), 1-21-1003, 1-21-1204, 1-21-1205 | No statute — Wyoming has no law that expressly bans landlord lockouts or utility shutoffs. The statutes provide a court process instead: a landlord who wants a tenant out files a forcible entry and detainer (FED) case, and after judgment an officer executes the writ of restitution; only then may the sheriff remove the renter's belongings and prevent reentry. W.S. 1-21-1001 to 1-21-1017, 1-21-1211(a) (Title 1, Ch. 21, Arts. 10 and 12 checked) |
City rules that may add to state law
More South Dakota rental law
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- South Dakota Rent Increase & Late Fee Laws
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- South Dakota Lockouts, Utility Shutoffs & Retaliation
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- Free legal help in South Dakota
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South Dakota Eviction Laws FAQ
How much notice does a landlord have to give before evicting for unpaid rent in South Dakota?
No statutory notice to quit. The landlord may file a forcible entry and detainer (eviction) action once rent has been unpaid for three days after it is due. The first legal step is filing and serving a verified complaint and summons. (SDCL 21-16-1(4); SDCL 21-16-6; SDCL 21-16-2 (repealed))
How much notice is required to evict for a lease violation in South Dakota?
No statutory notice or cure period. An FED action lies when the tenant commits waste or does or fails to do an act that terminates the lease under its terms. The landlord may also end the lease early if the tenant uses the premises contrary to the lease or does not make required repairs within a reasonable time after a request. (SDCL 21-16-1(7); SDCL 43-32-18)
Can a landlord change the locks or shut off utilities in South Dakota?
If the landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water, or other essential service, the tenant may sue for an injunction, recover possession, or end the lease. In any of these cases the tenant also recovers damages equal to two months' rent plus return of any advance rent and deposit. (SDCL 43-32-6)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.