South Dakota Eviction Process
Court: Magistrate Court in the county where property is located
18
Min. days
(uncontested)
(uncontested)
35
Typical days
210
Worst case
(contested)
(contested)
Yes
Self-rep OK?
Notice Types
3-Day
3-Day Notice to Pay or Quit
3 days to pay or vacate. SDCL §21-16-2.
3-Day
3-Day Notice to Cure or Quit
3 days to cure violation or vacate.
30-Day
30-Day Notice to Terminate
30 days for month-to-month termination.
Step-by-Step Process
1
Serve written notice
Personal delivery or certified mail. Keep proof of service.
2
Wait 3 days +3 days
Calendar days for nonpayment and violation; 30 days for no-fault.
3
File forcible entry and detainer at Magistrate Court +1 days
File complaint with lease and notice. Court schedules hearing.
4
Summons and hearing set +10 days
Hearing typically within 10–14 days. Tenant served with summons.
5
Court hearing +10 days
Both parties present evidence. Judge rules.
6
Writ of restitution +1 days
Issued if landlord wins. Sheriff enforces.
Key Warnings
- South Dakota is a landlord-friendly state with fast uncontested timelines.
- Self-help eviction is illegal — landlord must use court process.
- No statewide just cause requirement for month-to-month tenancies.
Court & Filing Details
| Court | Magistrate Court in the county where property is located |
|---|---|
| Filing Fee | $30–$70 |
| Statute | SDCL §§43-32-1 to 43-32-30; SDCL §21-16-1 et seq. (forcible entry and detainer) |
| Find the Court | Magistrate Court in the county where property is located |
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Browse Notice TemplatesThis tool provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your state.