Squatters' Rights in South Dakota
South Dakota rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: 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; SDCL 21-16-1(1)-(3); 21-16-3; 21-16-7; 21-16-10
The rules in South Dakota
| Squatters / unauthorized occupants | 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. No affidavit/police-removal procedure found in SDCL ch. 21-16 or 43-32 as of 2026. |
|---|---|
| Belongings left behind | Property with a total reasonable value of $500 or less left on residential premises for 10 days after the tenant quits is presumed abandoned and the landlord may dispose of it. Property worth more than $500 must be stored by the landlord, who has a lien for handling and storage costs; after storing it for 30 days or more the landlord may treat it as abandoned and dispose of it. No notice to the tenant is required by statute. Source: SDCL 43-32-25; 43-32-26 |
Related questions
South Dakota vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| South Dakota | 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. SDCL 21-16-1(1)-(3); 21-16-3; 21-16-7; 21-16-10 | Property with a total reasonable value of $500 or less left on residential premises for 10 days after the tenant quits is presumed abandoned and the landlord may dispose of it. Property worth more than $500 must be stored by the landlord, who has a lien for handling and storage costs; after storing it for 30 days or more the landlord may treat it as abandoned and dispose of it. No notice to the tenant is required by statute. SDCL 43-32-25; 43-32-26 |
| Iowa | No special affidavit or police-removal statute. The owner uses the summary forcible entry and detainer (FED) action, which lies where the defendant entered the owner's prior actual possession 'by force, intimidation, fraud, or stealth' and keeps possession. For that ground, the 3-day written notice to quit otherwise required before filing is not required. Thirty days' peaceable possession with the plaintiff's knowledge after the cause of action accrues bars the FED action, so owners should act promptly. Iowa Code §648.1(1); §648.3(1); §648.18 | No statute — the residential landlord-tenant law (ch. 562A) has no procedure for belongings left in an apartment or house; §562A.29 covers only re-renting an abandoned unit, and the FED judgment/execution sections (§648.22) are silent on personal property. Iowa Code ch. 555B sets a removal, storage, sheriff-notice, and court abandonment process only for abandoned mobile homes and the owner's personal property in or around them. Iowa Code §562A.29; §648.22; ch. 555B (mobile homes) |
| Minnesota | No special squatter or affidavit statute. The owner files an eviction action. A person may be evicted if they 'unlawfully or forcibly occupied or taken possession of real property or unlawfully detains or retains possession' of it. Removal happens only after a court judgment and a writ of recovery of premises and order to vacate (§ 504B.345). Minn. Stat. §§ 504B.301, 504B.345 | If a tenant abandons the unit, the landlord may take the remaining property and must store and care for it. The landlord has a claim for reasonable removal and storage costs. The landlord may sell or dispose of it 28 days after receiving actual notice of the abandonment, or 28 days after it reasonably appears the tenant abandoned the unit, whichever is later. At least 14 days before a sale, the landlord must make reasonable efforts to notify the tenant: personal service in writing, or first-class and certified mail to the last known address, and in either case posting the notice of sale conspicuously on the premises at least two weeks ahead. Sale proceeds may cover costs and deposit-type claims; any surplus goes to the tenant on written demand. A landlord who does not return property within 24 hours of written demand (48 hours, excluding weekends and holidays, in some cases) faces punitive damages. Minn. Stat. § 504B.271 |
| Montana | Police removal without a court case. A person who cannot produce authorization to occupy the premises is an unauthorized person or trespasser and may be removed immediately by law enforcement at the request of the property owner or authorized agent. Authorization means a written rental agreement, written or verbal permission from the landlord, or written or verbal permission from a tenant for a guest; verbal permission counts only if the person who gave it confirms it. The owner may ask law enforcement to stand by while the locks are changed and the occupant's belongings removed. An owner or agent who knowingly gives false information must indemnify the law enforcement agency for any damages awarded against it. Mont. Code Ann. § 70-24-113 | If the tenancy ended by court order, property left behind is considered abandoned and may be disposed of immediately as allowed by law. Otherwise, if the landlord has clear and convincing evidence the tenant abandoned all property and at least 48 hours have passed since getting that evidence, the landlord may remove it and immediately discard trash and hazardous, perishable or valueless items (labeled rent-to-own/leased items need the lessor's lien confirmation). Property the landlord reasonably believes is valuable must be inventoried and stored with reasonable care. The landlord must then send written notice (certificate of mailing or certified mail, to the last-known address) that the property will be disposed of on a date at least 10 days after mailing. If the tenant replies in writing that they will collect it but does not within 7 days, it is conclusively abandoned. The landlord may sell it (public or private sale under 30-9A-610 or sheriff's sale rules) or destroy it if storage/sale would cost more than it is worth. Sale proceeds, less notice, storage, labor, sale costs and unpaid rent or damages, go to the tenant with an itemized accounting, or to the county treasurer if the tenant cannot be found. The landlord may charge reasonable storage and moving costs, which must be paid before the tenant takes the property back. Mont. Code Ann. § 70-24-430 |
| Nebraska | No squatter-specific statute. An owner removes a non-tenant occupant through a forcible entry and detainer action in county or district court: the owner must first serve a written notice to leave at least 3 days before filing (by handing it to the occupant or leaving it at their usual place of abode; if neither can be found in the county, by leaving or posting it on the premises). If the court finds the entry or holding unlawful, it orders restitution of the property. This procedure does not apply to possession cases covered by the Uniform Residential Landlord and Tenant Act. Neb. Rev. Stat. §§ 25-21,219, 25-21,221 | Governed by the Disposition of Personal Property Landlord and Tenant Act. The landlord must give the former tenant (and anyone the landlord believes owns the property) a written Notice of Right to Reclaim Abandoned Property describing the property, where to claim it, and a deadline at least 7 days after personal delivery or at least 14 days after mailing; the notice must also say whether the property will be sold at public sale or, if worth under $2,000, may be kept, sold or destroyed. The tenant gets the property back by paying reasonable storage (and advertising) costs before the deadline. Unclaimed property must be sold at a public sale after newspaper notice once a week for two weeks, unless the landlord reasonably believes it is worth less than $2,000, in which case the landlord may keep or dispose of it. Sale proceeds, less storage, advertising and sale costs, go to the State Treasurer as unclaimed property within 30 days. Neb. Rev. Stat. §§ 69-2301 to 69-2314 (esp. 69-2304, 69-2305, 69-2307, 69-2308) |
| North Dakota | Unlawfully detaining, occupying, or trespassing on a residential dwelling is a class C felony on a first offense, and a class B felony for a repeat offense at the same dwelling. Entering or staying in a dwelling knowing you have no license or privilege to be there is also a class C felony, so police can treat squatting as criminal trespass. An owner can also bring a civil eviction action against someone who entered by force, intimidation, fraud, or stealth, or who holds possession by force or threats. North Dakota has no special affidavit-based removal procedure. N.D.C.C. § 12.1-22-03(1)-(2); § 12.1-22-06(1); § 47-32-01(1)-(3) | If the property left behind is worth $2,500 or less in total, the landlord may keep it and dispose of it without going to court, 28 or more days after getting actual notice that the tenant has moved out, or 28 or more days after it reasonably appears the tenant has moved out. The landlord keeps any sale proceeds. Storage and moving costs beyond those proceeds can come out of the security deposit. If the landlord removes the property after an eviction judgment and after the special execution has been served, the landlord has a lien for reasonable storage and moving costs and may hold the property until they are paid. N.D.C.C. § 47-16-30.1 |
| Wyoming | Since the 2025 session (SF0006, 2025 Session Laws ch. 41), an owner or authorized agent may file a sworn complaint (under penalty of perjury, with a copy of government ID or agency papers) with county law enforcement asking for immediate removal of a person who unlawfully entered and remains in a residential dwelling, if there is no known pending litigation between them and the person is not a current or former tenant, a co-owner or person on title (absent title fraud), an immediate family member, or a cohabitant. After verifying the complainant is the record owner, law enforcement must without delay give notice to immediately vacate (hand delivery or posting on the front door), put the owner in possession, and may arrest for trespass or warrants; officers may stand by while locks are changed and belongings are moved to the property line. A wrongfully removed person may recover possession, actual damages, triple the fair rental value for the period of wrongful removal, costs and attorney's fees. Presenting a fake lease or deed to stay on property is a misdemeanor (up to 6 months / $750); renting or selling property without authority is a felony (up to 2 years / $5,000). Wyo. Stat. 1-21-1401 to 1-21-1403; 6-5-309 | After lawfully regaining possession, the owner may immediately dispose of trash and property reasonably believed hazardous, perishable, or valueless; property left in the unit is presumed valueless and abandoned. Valuable property may be removed and stored; the owner must give written notice describing it and stating it will be disposed of 7 days after service unless the renter takes it or notifies the owner in writing of intent to take it. Notice is served by certified mail to an address the renter gave for this purpose, by personal service under W.R.C.P. 4, or by newspaper publication in the county. If the renter responds in writing, the owner holds it 7 more days; otherwise it is conclusively abandoned and may be kept or disposed of. The owner may charge reasonable or actual storage and removal costs before release and is not liable for loss in storage. Wyo. Stat. 1-21-1210 |
City rules that may add to state law
More South Dakota rental law
- South Dakota Security Deposit Law
- South Dakota Eviction Laws
- South Dakota Notice to Vacate Rules
- Landlord Entry Rules in South Dakota
- South Dakota Repairs & Tenant Remedies
- South Dakota Rent Increase & Late Fee Laws
- Breaking a Lease in South Dakota
- South Dakota Rental Fee Rules
- South Dakota Section 8, Records & Right to Counsel
- South Dakota Mold, Pests, Heat & AC Rules
- South Dakota Privacy, Guests & Animal Rules
- South Dakota Landlord Selling the House
- South Dakota Lockouts, Utility Shutoffs & Retaliation
- South Dakota Subletting, Lease Endings & Tenant Death
- All South Dakota landlord-tenant rules
- Free legal help in South Dakota
Compare squatters & abandoned property in all 50 states and DC →
Squatters' Rights in South Dakota FAQ
How do you remove a squatter in South Dakota?
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. (SDCL 21-16-1(1)-(3); 21-16-3; 21-16-7; 21-16-10)
What can a landlord do with a tenant's abandoned property in South Dakota?
Property with a total reasonable value of $500 or less left on residential premises for 10 days after the tenant quits is presumed abandoned and the landlord may dispose of it. Property worth more than $500 must be stored by the landlord, who has a lien for handling and storage costs; after storing it for 30 days or more the landlord may treat it as abandoned and dispose of it. No notice to the tenant is required by statute. (SDCL 43-32-25; 43-32-26)
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.