South Dakota Statewide Rule
South Dakota Eviction Procedure Set By State Law
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
Summary
South Dakota does not require just cause for eviction. State law in SDCL Chapter 21-16 governs forcible entry and detainer actions, and landlords may terminate month-to-month tenancies with one month written notice without stating a reason.
A hiring of real property for a term not specified by the parties is deemed to be renewed as stated in § 43-32-14 at the end of the term implied by law unless one of the parties gives notice to the other of his intention to terminate the same at least as long before the expiration thereof as the term of the hiring itself, not exceeding one month.
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?
How fast can a tenant be evicted for nonpayment in South Dakota?
Sources
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