How to Evict a Tenant in South Dakota (2026)
The legal steps for landlords in South Dakota — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In South Dakota a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| 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. |
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| Lease violation | 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. Source: SDCL 21-16-1(7); SDCL 43-32-18 |
| Ending a month-to-month tenancy (no fault) | A tenancy with no specified term renews automatically unless a party gives notice of termination at least as long before expiration as the rental period, but not more than one month. For a month-to-month tenancy, either party gives one month's notice. Source: SDCL 43-32-15 |
Local rent-control or just-cause rules can limit evictions: No statewide rent control, and state law prohibits local rent control. No local government may enact, maintain, or enforce any ordinance or other measure that would control the rent charged for private residential property.
Step 2: Write and deliver the notice correctly
| What the notice must say | 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 The statutory 3-day notice to quit (former SDCL 21-16-2) was repealed in 2024; an eviction (FED) action may be brought once the tenant fails to pay rent for three days after it is due.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. |
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| How it must be delivered | No pre-filing notice to quit is required: SDCL 21-16-2 was repealed in 2024, and the eviction starts with a verified complaint and summons. The summons must be served by a sheriff, constable, or authorized process server, with at least two attempts at least a week apart within 30 days. On the second attempt, it may be posted conspicuously on the property, handed to a resident if one is found, and mailed first-class to the tenant at the property. A notice changing month-to-month terms must be in writing and 'served upon the tenant.' No statute addresses email or text notices. |
Notice forms:
- South Dakota notice to pay rent or quit — requirements and free draft
- South Dakota notice to end a month-to-month tenancy — requirements and free draft
- UJS Eviction self-help page (UJS-111 Summons, UJS-112 Verified Complaint for Eviction, UJS-119 Answer, etc.) (official)
- UJS-112 Verified Complaint for Eviction (05/2026) (official)
- UJS-119 Instructions and Form on Answer for Eviction (07/2026) (official)
Step 3: File the eviction case and go to the hearing
Eviction cases in South Dakota 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)
Court timing: Appear and plead within 5 days of service, or 30 days after publication if sooner. Trial may be set on 2 days' notice after issue is joined. The period was 4 days before July 1, 2024, when SL 2024, ch 75, § 2 changed it to 5.
Source: SDCL 21-16-1 to 21-16-12
How long it takes to evict a tenant in South Dakota
For unpaid rent, the notice period is 0 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in South Dakota
Court filing and service fees are set locally. Verified fees in the largest South Dakota counties:
| County | Filing and service fees |
|---|---|
| Minnehaha County (Sioux Falls) | $72 to file an eviction ($25 filing fee + $40 court automation surcharge + $7 law library fee); sheriff or process-server service fee is extra |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | A tenancy with no specified term renews automatically unless a party gives notice of termination at least as long before expiration as the rental period, but not more than one month. For a month-to-month tenancy, either party gives one month's notice. Source: SDCL 43-32-15 |
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| Someone who was never a tenant (squatter / unauthorized occupant) | No special squatter-removal statute. An owner removes a person who entered by force, intimidation, fraud or stealth (or who holds possession by force or threats) through a forcible entry and detainer (FED) court action in circuit or magistrate court; the defendant has 5 days after service to appear, and the court enters judgment for possession. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | 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: SDCL 43-32-6 |
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| Retaliation | No statutory presumption. After a protected act, a tenant may sue if the landlord retaliates by raising rent above fair market value, decreasing electric, gas, water, or sewer service, or giving a notice to vacate that is not based on a lease breach. Protected acts are a good-faith complaint to a government agency about a housing or building code violation affecting health and safety (once the landlord has written notice of it), a written repair notice under 43-32-9, and organizing or joining a tenants' union or organization. The landlord has a defense if the notice to vacate came more than 180 days after the protected act. Not renewing a written lease is not retaliation. Source: SDCL 43-32-27, 43-32-28 |
| Accepting rent after the notice | No statute says accepting rent waives an eviction or a pending FED action. Related rule: if a tenant stays after the lease ends and the landlord accepts rent, the lease is presumed renewed on the same terms for the same period, up to one year. |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
South Dakota eviction FAQ for landlords
How much notice does a landlord have to give to evict 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.
How much does it cost to evict a tenant in South Dakota?
Court fees are set locally — for example, Minnehaha County (Sioux Falls): $72 to file an eviction ($25 filing fee + $40 court automation surcharge + $7 law library fee); sheriff or process-server service fee is extra.
Can a landlord change the locks to evict a tenant 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.
How do you evict a tenant without a lease in South Dakota?
A tenancy with no specified term renews automatically unless a party gives notice of termination at least as long before expiration as the rental period, but not more than one month. For a month-to-month tenancy, either party gives one month's notice.
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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.