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Landlord guide, South Dakota (SD)

South Dakota eviction process: the landlord’s steps from notice to removal

The eviction process in South Dakota sets no notice period before a landlord files for unpaid rent (S.D. Codified Laws § 21-16-1(4); SL 2024, ch 75, § 1); the exact condition is quoted below. Then the landlord files in the circuit court or magistrate court, where the case is called forcible entry and detainer; the court hears it, and after judgment a court officer carries out the removal.

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Notice for unpaid rent
None before filing
S.D. Codified Laws § 21-16-1(4); SL 2024, ch 75, § 1
Court
circuit court or magistrate court
S.D. Codified Laws §§ 21-16-3, 21-16-7, 21-16-8, 21-16-10
Time to appeal
Not confirmed
Checked against the statutes
1 November 2026

Step by step

The eviction process South Dakota landlords follow, step by step

Notice and court names are given as they read on South Dakota’s own forms, and timing details are quoted from the statute.

  1. 1

    Step 1

    Serve the notice

    Unpaid rent: South Dakota sets no notice period before filing (S.D. Codified Laws § 21-16-1(4); SL 2024, ch 75, § 1).

    Another breach of the lease: the no statutory notice, with no fixed period in the statute (S.D. Codified Laws §§ 21-16-1(7), 43-32-18).

    No reason, month to month: 30 days’ notice (SDCL 43-32-15).

    What the statute adds, in English

    The 3-day notice to quit in § 21-16-2 was repealed effective July 1, 2024, so the landlord may file once rent is three days late with no statutory notice, unless the lease requires one. The service field describes serving the summons and complaint.

  2. 2

    Step 2

    File the eviction in court

    File in the circuit court or magistrate court, where the case is called forcible entry and detainer (S.D. Codified Laws §§ 21-16-3, 21-16-7, 21-16-8, 21-16-10).

  3. 3

    Step 3

    Go to the hearing

    The tenant has 5 days to answer the complaint.

    In the statute, in English

    trial may be set on 2 days' notice after issue is joined

  4. 4

    Step 4

    Judgment and appeal

    No appeal deadline could be confirmed from the statute, so ask the clerk which one applies.

  5. 5

    Step 5

    Removal by a court officer

    An officer of the court carries out the removal, on the court’s order.

    The statute sets no removal timetable we could confirm; the officer schedules it.

South Dakota eviction process timeline

Notice before filing
None before filing
Time to answer
5 days
Hearing
Quoted in step 3
Time to appeal
Not confirmed
Removal
Not confirmed

Only some steps have a number in the statute, so no honest total exists: after filing, the court sets the pace.

Can you change the locks yourself?

No. South Dakota bans self-help eviction (S.D. Codified Laws § 43-32-6), so only the court process can remove a tenant.

A landlord who unlawfully removes or excludes a tenant, or willfully interrupts electric, gas, water or other essential service, owes two months' rent plus return of advance rent and deposit, and the tenant may seek an injunction or recover possession.

The court process is the safe course in every state.

Write the South Dakota eviction notice

Fill in the notice for South Dakota in the generator, then read the rest of the state’s landlord law before you serve it.

Open the South Dakota eviction notice generator

Where Dardaris comes in

Most evictions start as one late payment. Dardaris sees it on day one.

It notices the missed rent the day it is due, sends the tenant a reminder, and if nothing comes, drafts the next step South Dakota law asks for. You read it and sign; nothing goes out without you.

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The statutes

South Dakota eviction laws, with the statute behind each step

South Dakota eviction laws, with the statute behind each step
StepWhat the law saysStatute
Notice for unpaid rentno statutory notice (rent 3 days late)No period before filingThe 3-day notice to quit in § 21-16-2 was repealed effective July 1, 2024, so the landlord may file once rent is three days late with no statutory notice, unless the lease requires one. The service field describes serving the summons and complaint.S.D. Codified Laws § 21-16-1(4); SL 2024, ch 75, § 1
Notice for a lease breachno statutory noticeNo fixed periodAn action lies when the tenant does or fails to do something that ends the lease under its own terms, or commits waste. No statutory notice or cure period applies; follow the lease.S.D. Codified Laws §§ 21-16-1(7), 43-32-18
Notice to end a month-to-month tenancy30 daysNotice at least as long as the rental period, not exceeding one month, before the end of the period.SDCL 43-32-15
How a notice is servedpersonal service by a sheriff, constable or authorized process server, with two attempts at least a week apart within 30 dayson the second attempt, posting on the property, delivery to a resident if found, and first class mailone publication in a legal newspaper, started the day of the first attemptS.D. Codified Laws §§ 21-16-6, 21-16-6.1
Court and actioncircuit court or magistrate courtforcible entry and detainerS.D. Codified Laws §§ 21-16-3, 21-16-7, 21-16-8, 21-16-10
Time to answer5 daysS.D. Codified Laws §§ 21-16-3, 21-16-7, 21-16-8, 21-16-10
Hearingtrial may be set on 2 days' notice after issue is joinedS.D. Codified Laws §§ 21-16-3, 21-16-7, 21-16-8, 21-16-10
Time to appealNot confirmed from the statuteNot confirmed from the statute
RemovalNot confirmed from the statuteNot confirmed from the statute
Self-help (lockouts, utilities)BannedA landlord who unlawfully removes or excludes a tenant, or willfully interrupts electric, gas, water or other essential service, owes two months' rent plus return of advance rent and deposit, and the tenant may seek an injunction or recover possession.S.D. Codified Laws § 43-32-6

Read against the official texts below on 1 November 2026. The month-to-month period was checked on 29 September 2026.

Questions landlords ask about eviction in South Dakota

How long does an eviction take in South Dakota?

South Dakota sets no notice period before filing for unpaid rent. After filing, the court sets the pace, so there is no honest total: the hearing, the judgment and the removal follow the court’s calendar and the timing rules quoted on this page.

What notice does a South Dakota landlord serve for unpaid rent?

South Dakota sets no notice period before filing for unpaid rent (S.D. Codified Laws § 21-16-1(4); SL 2024, ch 75, § 1). The exact condition the statute sets is quoted in the steps above.

Can a landlord change the locks in South Dakota?

No. South Dakota bans self-help eviction (S.D. Codified Laws § 43-32-6), so only the court process can remove a tenant. The exact limits are quoted on this page.

Where is an eviction filed in South Dakota?

In the circuit court or magistrate court, where the case is called forcible entry and detainer (S.D. Codified Laws §§ 21-16-3, 21-16-7, 21-16-8, 21-16-10).

How does a landlord end a month-to-month tenancy in South Dakota?

With 30 days’ notice (SDCL 43-32-15). If the tenant stays on after that, the eviction process on this page applies.

Can the tenant appeal an eviction in South Dakota?

No appeal deadline could be confirmed from the statute, so ask the clerk which one applies.

The eviction process in other states

All 50 states compared

General information, not legal adviceEviction law changes, and a court can read a statute differently from this summary. Check the current text and your local court’s rules, or ask a lawyer licensed in the state, before you serve a notice or file.

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