South Dakota Just Cause Eviction Law (2026)

Key Facts

Just cause required: No
Eviction statute: SDCL 21-16
Nonpayment notice: Three days
Month-to-month notice: One month
Court venue: Circuit court

Full Breakdown

South Dakota law does not impose a just-cause requirement on residential evictions. Under SDCL Chapter 43-32, a month-to-month tenancy may be terminated by either party with at least one calendar month written notice. For nonpayment of rent, a landlord may serve a three-day notice to quit under SDCL 21-16-2. Forcible entry and detainer actions are filed in circuit court following SDCL Chapter 21-16. The eviction process and grounds are exclusively governed by state statute, leaving little room for local just-cause ordinances given South Dakota's Dillon's Rule framework.

Violations & Penalties

Landlords who use self-help eviction methods such as lockouts, utility shutoffs, or removing belongings instead of court process may face civil damages and tenant counterclaims.

Frequently Asked Questions

Does a landlord need a reason to evict in South Dakota?

No. For month-to-month tenancies, a landlord may terminate by giving one month written notice without stating cause. Fixed-term leases generally end at expiration without notice unless lease specifies.

How fast can a tenant be evicted for nonpayment in South Dakota?

Landlords serve a three-day notice to quit. If unpaid, they file forcible entry and detainer in circuit court. Hearings can occur within roughly two to four weeks.

South Dakota Eviction Procedure Set By State Law