South Dakota Eviction Notice
A South Dakota eviction notice is a formal document used by landlords to inform tenants of their intention to evict them if they fail to comply with the terms of their lease agreement. This notice outlines the nature of the violation and specifies the time frame within which the tenant must address the issue or vacate the premises. If the tenant does not respond appropriately, the landlord may proceed with legal action in the local Circuit Court.
South Dakota Eviction Notice
Types of Eviction Notices in South Dakota
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Notice to Comply or Vacate: This notice is issued for curable lease violations, giving the tenant a chance to correct the issue before eviction.
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30-Day Notice to Vacate: This notice is used to terminate month-to-month or year-to-year leases, requiring at least 30 days’ notice before termination.
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3-Day Notice to Quit: This notice is issued for non-payment of rent or lease violations, requiring the tenant to either pay the owed rent or vacate the property within three days.
Grounds for Eviction
Landlords in South Dakota may evict tenants for several reasons, including:
- Non-Payment of Rent: Requires a 3-day notice.
- Lease Violations: Requires a 3-day notice.
- Health and Safety Violations: Requires a 3-day notice.
- Nuisance or Illegal Activity: Requires a 3-day notice.
- Termination of Month-to-Month Tenancy: Requires a 30-day notice.
- Lease Expiration: Requires a 30-day notice if the tenant remains after the lease has expired.
Legal Requirements for Eviction Notices
To ensure the eviction notice is valid, it must include:
- The tenant’s full name and address.
- A description of the lease violation and any balance due (if applicable).
- The date of termination.
- The landlord’s printed name and signature.
- The date and method of notice delivery.
Delivery Methods for Eviction Notices
Landlords may serve eviction notices using the following methods:
- Hand delivery to the tenant.
- Hand delivery to a person of discretion on the property who can accept the notice on behalf of the tenant.
- If hand delivery is not possible, posting the notice in a conspicuous place on the premises.
Eviction Process Steps
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Serve an Eviction Notice: The landlord must provide the appropriate eviction notice to the tenant.
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Wait for Tenant Response: The tenant has the specified notice period to comply or vacate.
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File for Forcible Entry and Detainer: If the tenant does not respond, the landlord can file a lawsuit in the local Circuit Court.
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Attend Court Hearing: Both parties present their case, and the court decides whether the eviction is justified.
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Obtain Execution for Possession: If the court rules in favor of the landlord, they can obtain a lockout order to remove the tenant.
Important Legal Citations
- Non-Payment of Rent: South Dakota Codified Laws §§ 21-16-2 and 43-32-15.
- Lease Violations: South Dakota Codified Laws §§ 21-16-2 and 43-32-15.
- Health and Safety Violations: South Dakota Codified Laws §§ 21-16-2 and 43-32-15.
- Termination of Tenancy: South Dakota Codified Laws §§ 21-16-1 through 21-16-12; §§ 43-32-25 through 43-32-26.
Statutes
- S.D. Codified Laws Ann. §§ 43-32-6.1 – Maximum security deposit for residential premises-Larger deposit by mutual agreement
- S.D. Codified Laws Ann. §§ 43-32-24 – Return of security deposit after termination of tenancy-Withholding-Itemized accounting-Forfeiture of withholding rights-Punitive damages
- S.D. Codified Laws Ann. §§ 43-32-12 – Time for payment of rent-Agricultural and wildland-Lodging-Termination of hiring
- S.D. Codified Laws Ann. §§ 43-32-13 – Modification of lease-Written notice by landlord, effect-Termination by tenant
- S.D. Codified Laws Ann. §§ 57A-3-421 – Collection costs and expenses-Liability of issuer of dishonored check
- S.D. Codified Laws Ann. §§ 43-32-9 – Failure of lessor to repair premises-Lessee’s remedies
- S.D. Codified Laws Ann. §§ 43-32-22(1) – Termination of lease-Agreed term-Mutual consent-Acquisition of superior title by tenant
- S.D. Codified Laws Ann. §§ 43-32-5 – Lease of real property for more than one year-Written contract necessary
- S.D. Codified Laws Ann. §§ 43-32-13 – Modification of lease-Written notice by landlord, effect-Termination by tenant
- S.D. Codified Laws Ann. §§ 43-32-15 – Renewal of hiring of real property presumed unless notice given of termination
- S.D. Codified Laws Ann. §§ 21-16-1(7) – Grounds for maintenance of action
- S.D. Codified Laws Ann. §§ 21-16-1(4) – Notice of Termination for Nonpayment
- S.D. Codified Laws Ann. §§ 43-32-18 – Termination of lease by landlord before end of agreed term-Use of premises by tenant contrary to agreement-Neglect of tenant to make repairs
- S.D. Codified Laws Ann. §§ 43-32-32 – Reasonable notice of landlord’s intent to enter-Contents
- S.D. Codified Laws Ann. §§ 43-32-8 – Residential lessor to keep premises in repair-Disrepair caused by lessee-Agreements for repairs in lieu of rent-Liability to third persons unaffected
- S.D. Codified Laws Ann. §§ 43-32-10 – Preservation of premises by lessee
- S.D. Codified Laws Ann. §§ 43-32-27 – Cause of action against lessor for retaliatory conduct
- S.D. Codified Laws Ann. §§ 43-32-28 – Retaliatory conduct-Remedies-Attorney’s fees
- S.D. Codified Laws Ann. §§ 43-32-30 – Disclosure of knowledge of existence of prior manufacturing of methamphetamines
- S.D. Codified Laws Ann. §§ 43-32-25 – Small amount of tenant’s property left on premises presumed abandoned-Disposal by lessor
- S.D. Codified Laws Ann. §§ 43-32-26 – Storage of tenant’s valuable property left on premises-Lien-Disposal as abandoned after waiting period
- S.D. Codified Laws Ann. § 16-12C-13 – Jurisdiction-Noncontested proceedings with limited damage amount
- S.D. Codified Laws Ann. § 21-16-3 – Jurisdiction of courts
- S.D. Codified Laws Ann. §§ 15-2-13(1) – Contract obligation or liability-Statutory liability-Trespass-Personal property-Injury to noncontract rights-Fraud-Setting aside corporate instrument
FAQs
A South Dakota eviction notice is a formal document issued by a landlord to inform a tenant of their intention to evict them due to violations of the lease agreement. It outlines the nature of the violation and specifies the time frame the tenant has to address the issue or vacate the property.
The response time for a tenant in South Dakota varies based on the type of eviction notice. For non-payment of rent or lease violations, tenants typically have 3 days to respond, while for month-to-month lease terminations, they have 30 days to vacate.
In South Dakota, the main types of eviction notices include the 3-Day Notice to Quit for non-payment of rent or lease violations, the 7-Day Notice for weekly tenancies, and the 30-Day Notice for month-to-month tenancies. Each notice type corresponds to specific reasons for eviction and required notice periods.
After serving an eviction notice, a landlord must allow the tenant the specified time to respond. If the tenant does not comply, the landlord can file a Forcible Entry and Detainer lawsuit in local court, where both parties can present their cases.
In South Dakota, landlords can initiate eviction proceedings without prior notice in cases of non-payment of rent or if a tenant fails to vacate after the lease has expired. However, for other lease violations, proper notice must be given.
If a tenant does not respond to an eviction notice, the landlord can proceed to file an eviction lawsuit in local court. If the court rules in favor of the landlord, they can obtain an Execution for Possession, allowing law enforcement to remove the tenant.
The filing fee for an eviction lawsuit in South Dakota is approximately $70. This fee is required when submitting the necessary court documents to initiate the eviction process.
A landlord can serve an eviction notice in South Dakota through hand delivery to the tenant, delivery to a person of discretion at the property, or by posting the notice in a conspicuous place on the premises if hand delivery is not possible.
A South Dakota eviction notice should include the tenant’s full name and address, a description of the lease violation, the date of termination, the landlord’s printed name and signature, and the method of delivery along with the date.