South Dakota Statewide Rule
South Dakota Eviction (Forcible Entry and Detainer) Process
Key Facts
- Eviction statute
- Forcible Entry and Detainer, SDCL Chapter 21-16
- Nonpayment trigger
- Rent unpaid 3 days after due (SDCL 21-16-1(4))
- Notice to quit
- Former SDCL 21-16-2 repealed in 2024; no statutory notice required
- Time to appear
- 5 days after service of the summons (SDCL 21-16-7)
Summary
South Dakota evictions run under the forcible-entry-and-detainer chapter, SDCL 21-16. In 2024 (SL 2024, ch 75) the legislature repealed the statutory 3-day notice to quit (former SDCL 21-16-2). A tenant who fails to pay rent for three days after it is due is now subject to an action under SDCL 21-16-1(4); the summons gives five days to appear.
An action of forcible entry and detainer, or of detainer only, is maintainable: (1) If a party has by force, intimidation, fraud, or stealth, entered upon the prior actual possession of real property or the occupied structure of another, and detains the same; (2) If a party, after entering peaceably upon real property or an occupied structure, turns out by force, threats, or menacing conduct, the party in possession; (3) If a party by force or by menaces and threats of violence unlawfully holds and keeps the possession of any real property, or occupied structure, whether the same was acquired peaceably or otherwise; (4) If a lessee in person or by subtenants holds over after the termination of his lease or expiration of his term, or fails to pay his rent for three days after the same shall be due;
Full Breakdown
SDCL 21-16-1 lists the grounds for forcible entry and detainer, including subsection (4): a lessee who 'holds over after the termination of his lease' or 'fails to pay his rent for three days after the same shall be due.' The former notice-to-quit requirement, SDCL 21-16-2, was repealed by SL 2024, ch 75, § 1, so state law no longer mandates a 3-day notice to quit before filing for nonpayment (a lease may still require its own notice). Once an action is filed and the defendant served, SDCL 21-16-7 sets 'the time for appearance and pleading shall be five days from the time of service' (amended from four days in 2024), or thirty days after publication service. Circuit and magistrate courts hear these cases (SDCL 21-16-3).
Violations & Penalties
A tenant who remains after a forcible-entry-and-detainer judgment may be removed by the sheriff under a writ of execution; the landlord may also pursue back rent, profits, or damages (SDCL 21-16-4). Self-help eviction is not authorized.
Frequently Asked Questions
Does South Dakota still require a 3-day notice to quit before eviction?
How long does a South Dakota tenant have to respond to an eviction summons?
Sources
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