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South Dakota Notice to Pay Rent or Quit Template

What a South Dakota notice to pay rent or quit must include under South Dakota law, and a fill-in draft that follows those rules.

Use the official form if there is one

What South Dakota law requires

No written pre-filing notice is required by statute. The statutory 3-day notice to quit (former SDCL 21-16-2) was repealed in 2024; an eviction (FED) action may be brought once the tenant fails to pay rent for three days after it is due. The verified complaint and summons must be served by a sheriff, constable or authorized process server with at least two attempts a week apart within 30 days; on the second attempt the summons may be posted conspicuously, delivered to a resident, and mailed first class. Publication is also allowed.

Source: SDCL 21-16-1(4); 21-16-2 (repealed SL 2024, ch 75); 21-16-6; 21-16-6.1

The lease may impose its own notice requirement.

Fill-in draft

Replace every [bracketed] item. If your state or city requires specific wording, a specific form, or a translated version, that requirement controls over this draft. Courts dismiss eviction cases over defective notices — if anything is unclear, talk to a lawyer.

NOTICE TO PAY RENT OR QUIT

To: [tenant name(s)] and all other occupants

Premises: [street address, unit, city, state, ZIP]

You owe rent of $[amount] for [rental period(s)].

Under SDCL 21-16-1(4); SDCL 21-16-6; SDCL 21-16-2 (repealed), you must pay the full amount within 0 days after this notice is delivered, or move out of the premises.

Pay to: [name], at [address / payment method], between [hours].

If you do not pay or move out by the deadline, the landlord may file an eviction case in court. Only a court can order you to leave.

Date: [date]
Landlord or agent: [name, address, phone]
Signature: ____________________

Proof of delivery: Delivered on [date] by [method required by South Dakota law] by [name].

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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.