Outline of the eviction process in South Dakota

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Laws: S.D. Codified Laws § 21-16-1 to § 21-16-12 (Forcible Entry and Detainer); § 43-32-1 to § 43-32-33 (Lease of Real Property).

2. Notice to Quit

• Written notice served:
  • Non-payment: 3-day notice to pay or vacate.
  • Lease violation: 3-day notice to cure or vacate (if curable); immediate for non-curable.
  • Month-to-month: 30-day notice to terminate.
  • No-fault/end of lease: 30-day notice.
  • Illegal activity or holdover: Immediate or 3-day notice to vacate (no cure).
• Delivery: Hand-delivered, mailed (certified mail), or posted on door.
• Tenant can cure by paying rent (within 3 days) or fixing violation (within 3 days).

3. Filing the Eviction Case

• File Complaint for Forcible Entry and Detainer in Circuit or Magistrate Court.
• Documents: Complaint, summons, Notice to Quit, lease, proof of service, non-military affidavit.
• Fee: ~$30–$70 (varies by county).
• Timing: After notice period expires (e.g., 4th day for 3-day notice).

4. Serving the Summons and Complaint

• Sheriff, constable, or process server serves papers 3 days before hearing.
• Methods: Personal delivery, left with resident (age 18+), or mailed (certified mail).
• Tenant has 5 days to file Answer or appear at hearing.

5. Court Hearing

• Held 5–10 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (rare).

6. Judgment and Execution

• Writ of Restitution if landlord wins.
• Appeal: 5 days to Circuit Court (requires bond).
• Writ issued: Immediate or ~5 days post-judgment; sheriff serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: S.D. Codified Laws § 21-16-6.

8. Tenant Protections

• Rights:
  • Cure violations (3 days), defenses (retaliation, discrimination, limited habitability).
  • No self-help evictions (landlord penalties up to 2 months’ rent).
• Resources:
  • Dakota Plains Legal Services (800-658-2297), dakotalegalservices.org, sdcourts.gov.

Notes

• Disclaimer: General guide; consult a lawyer. County variations may apply.
• Sources: S.D. Codified Laws § 21-16-1 to § 21-16-12, § 43-32-1 to § 43-32-33; sdcourts.gov; dakotalegalservices.org.