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South Dakota Eviction Notice Forms | Process and Laws

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The South Dakota eviction notice forms are a necessary first step in beginning the eviction process in South Dakota. A tenant must receive properly served notice before a landlord beings eviction action in court. If the tenant does not respond to the notices, the landlord can go to the Local Magistrate or Circuit Court and file a forcible entry and detainer complaint and summons to be served on tenant. The tenant will have four days to respond after service of the Summons and Complaint. If the landlord prevails, the court will issue a Judgment for Possession and the landlord can apply for an Execution of Possession to have the sheriff assist in having the tenant removed from the premises.

LawsChapter 21-16 (Forcible Entry and Detainer)

Rights and Responsibilities – Requirements and laws that both the landlord and tenant must follow.

Notices By Type

Notice to Quit (Non-Compliance) – If the tenant has violate the lease, for anything other than non-payment, this notice must be sent and to give the tenant “reasonable time” to cure the issue.

3-Day Notice to Quit (Non-Payment) – Tenant has three days after receiving notice from the landlord that he or she is behind on rental payments to pay or leave the premises before landlord can go to court to have the tenant evicted.

30-Day Notice to Quit (Month to Month Tenancy) – This form is used by a party to a month-to-month tenancy to let the other party know of his or her intention not to renew.

When is Rent Due

Rent is due on the date specified in the lease. If the tenant is late, landlord must provide notice and allow three days for tenant to pay what is owed before proceeding.

How to Evict (Process)

Step 1 – The first step that must be taken before going to court to have a tenant evicted is to provide requisite notice to the tenant that they need to fix a problem, such as not paying rent, or move out and they have three days to do it.

Step 2 – If the tenant does not respond, the landlord may then go to the Local Magistrate or Circuit Court representing the area in which the property is located to file a Forcible Entry and Detainer Action. The landlord must fill out a Complaint and Summons and have the tenant served.

Step 3 – The tenant will have four (4) days to respond after the Complaint and Summons is served. If tenant fails to respond and/or landlord prevails the court will enter a judgment of possession entitling landlord to possession of the property.

Step 4 – If tenant still doesn’t move out, landlord will have to obtain an execution of possession which authorizes the sheriff to force the tenant to leave.