Free eviction notice South Dakota landlords can use
South Dakota eviction notice: a free template with the statute cited
South Dakota statute sets no notice period before filing for unpaid rent (S.D. Codified Laws § 21-16-1(4); SL 2024, ch 75, § 1). This template does not invent one: you set the date, and the rule is quoted below.
- Unpaid rent notice
- No set period
- S.D. Codified Laws § 21-16-1(4); SL 2024, ch 75, § 1
- Lease violation notice
- No set period
- S.D. Codified Laws §§ 21-16-1(7), 43-32-18
- Paying in time
- Not by statute
- Statutes read on
- November 1, 2026
Fill in the eviction notice template South Dakota landlords serve
The notice a landlord serves before filing for unpaid rent.
No statute sets this date: choose it yourself.
The month or period the rent was for.
South Dakota statute sets no notice period for this.
The generator does not invent one. Read what the statute does say, below, then enter the date yourself.
S.D. Codified Laws § 21-16-1(4); SL 2024, ch 75, § 1: The 3-day notice to quit in § 21-16-2 was repealed effective July 1, 2024, so the landlord may file once rent is three days late with no statutory notice, unless the lease requires one.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.
Every field is optional; a blank one prints as a line to write on. The notice is in English, as it is served in the US.
For a landlord in the US. Nothing is stored and nothing is sent; the notice is built in this browser.
The rules
What a valid South Dakota eviction notice must say
- 1A plain title: South Dakota law names no notice before filing for unpaid rent, so the template calls it a demand for unpaid rent.
- 2The tenants’ names, every other occupant, and the address of the premises.
- 3The rent owed, the period it was for and the date it was due.
- 4The date you set: no statute sets a period, so choose one and keep to it.
- 5What the tenant must do: move out by the date. The statute gives no right to stay by paying.
- 6The statute it is given under: S.D. Codified Laws § 21-16-1(4); SL 2024, ch 75, § 1.
- 7Your signature and the date, and a proof of service filled in once it is delivered.
What the statute says about unpaid rent
The 3-day notice to quit in § 21-16-2 was repealed effective July 1, 2024, so the landlord may file once rent is three days late with no statutory notice, unless the lease requires one.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. (S.D. Codified Laws § 21-16-1(4); SL 2024, ch 75, § 1)
What the statute says about a lease violation
An 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)
Delivery
How to serve an eviction notice in South Dakota
The statute names these ways to deliver it (S.D. Codified Laws §§ 21-16-6, 21-16-6.1). Fill in the proof of service on the notice the day you do it.
- personal service by a sheriff, constable or authorized process server, with two attempts at least a week apart within 30 days
- on the second attempt, posting on the property, delivery to a resident if found, and first class mail
- one publication in a legal newspaper, started the day of the first attempt
After the notice
What happens next in South Dakota
- Step 1
Fill in the notice
Name every tenant and the premises, and state the rent owed or the breach. The template sets the South Dakota title and period.
- Step 2
Deliver it and record how
Use a method the statute names, and fill in the proof of service the same day.
- Step 3
Wait out the period
South Dakota sets no period: wait until the date on the notice.
- Step 4
File in court if nothing changed
File a forcible entry and detainer in the circuit court or magistrate court. Never change the locks or cut the utilities yourself.
- Hearing
- trial may be set on 2 days' notice after issue is joined
- Days to answer
- 5
- Removal
- Not set by statute
- Days to appeal
- Not set by statute
Court procedure: S.D. Codified Laws §§ 21-16-3, 21-16-7, 21-16-8, 21-16-10
The rest of the South Dakota picture
What Dardaris does instead
Dardaris notices late rent on day one and drafts the South Dakota notice for you to sign
It reads your bank account, sees the rent that did not arrive, and sends the tenant a friendly reminder that morning. If the rent stays unpaid, it drafts the notice with your state’s days and statute. Nothing goes out until you approve it.
Free for 14 days, cancel whenever · Nothing is switched on until you say so
Dardaris drafting a notice for unpaid rent and waiting for the owner
Dardaris
Rent for 88 Maple Street, Apt 2A has not arrived. I sent the reminder below this morning. If it stays unpaid, a demand for the rent is drafted for your signature, with what South Dakota law asks before filing.
LATE RENT NOTICE
Rent for 88 Maple Street, Apt 2A was due on the 1st and has not been received.
If it is already on its way, thank you. If something has changed, reply and we can agree a plan.
Every rule, with its statute
South Dakota eviction notice rules and statutes
| Rule | Sets | Statute |
|---|---|---|
| Unpaid rentno statutory notice (rent 3 days late) | No set period | S.D. Codified Laws § 21-16-1(4); SL 2024, ch 75, § 1 |
| Lease violationno statutory notice | No set period | S.D. Codified Laws §§ 21-16-1(7), 43-32-18 |
| Service | 3 methods | S.D. Codified Laws §§ 21-16-6, 21-16-6.1 |
| Lockouts and utility shut-offs | Banned | S.D. Codified Laws § 43-32-6 |
Read from these official texts on November 1, 2026:
- https://sdlegislature.gov/api/Statutes/21-16.html?all=true
- https://sdlegislature.gov/api/Statutes/21-16-2.html
- https://sdlegislature.gov/api/Statutes/43-32.html?all=true
- https://sdlegislature.gov/api/Statutes/6-1-13.html
- https://sdlegislature.gov/api/Statutes/15-26A-6.html
- https://mylrc.sdlegislature.gov/api/Documents/SessionLaw/266745.html?Year=2024
The questions that follow.
What goes in a {abbr} eviction notice template?
The tenants and the premises, the rent owed or the breach, the date you set (no South Dakota statute sets a period), your signature and a proof of service. The generator above puts each of them in and cites nothing the statute does not say.
Is there a free {state} eviction notice template?
Yes, this one: fill it in above and download it in Word or PDF. Nothing is stored and nothing is sent; it is built in your browser.
Is there a 3 day eviction notice {state} law requires?
No. South Dakota statute sets no notice period for unpaid rent (S.D. Codified Laws § 21-16-1(4); SL 2024, ch 75, § 1). Its own words are quoted on this page; the template lets you set the date and cites nothing it cannot.
Can the tenant stop the eviction by paying?
Not as of right: the South Dakota statute gives the tenant no right to stop it by paying. You may still accept the rent, though accepting it may affect the case.
How do I serve an eviction notice in {state}?
South Dakota statute names these ways (S.D. Codified Laws §§ 21-16-6, 21-16-6.1): personal service by a sheriff, constable or authorized process server, with two attempts at least a week apart within 30 days; on the second attempt, posting on the property, delivery to a resident if found, and first class mail; one publication in a legal newspaper, started the day of the first attempt.
What happens after the notice runs out?
If the tenant is still there, you file a forcible entry and detainer in the circuit court or magistrate court. Our guide to the South Dakota eviction process walks through each step.
Can I change the locks instead?
No. South Dakota bans lockouts and utility shut-offs (S.D. Codified Laws § 43-32-6); only a court can order a tenant out.
Not legal adviceThis notice is filled in from South Dakota statutes as read on November 1, 2026. A city or county can add requirements, a lease can give more time, and only a court decides whether a notice was valid. For a contested eviction, speak to a lawyer licensed in South Dakota.
Late rent, seen on day one, and the notice already drafted
Dardaris reads the bank, sends the reminder, and drafts the notice with your state’s days and statute. You read it and sign.
Free for 14 days, cancel whenever · Nothing is switched on until you say so