National Eviction

How long does an eviction take in South Dakota?

For landlords and property managers · Updated September 2026

There is no fixed timetable for every step in South Dakota; the court's calendar sets the pace.

The South Dakota eviction timeline, step by step

Calendar days for a nonpayment case the tenant does not contest. Business and court days are converted to calendar days.

  1. 1Notice for unpaid rent

    3 days

    From serving the notice until you can file.

    No separate notice; rent 3 days past due

    From our guide: “fails to pay his rent for three days after the same shall be due”

  2. 2Court case

    7 days

    From filing through service and the answer period or first hearing, to a judgment for possession.

    5 business days to answer (about 7 calendar days), then default

    From our guide: “The time for appearance and pleading is five days from service on the defendant” and “No answer. You move for default judgment.”

  3. 3Judgment to possession

    Varies

    Any waiting period before the writ issues, plus the officer's notice before the lockout.

    Varies; set by the court

What can slow it down

  • As of July 1, 2024 South Dakota repealed the three-day notice to quit for nonpayment; the three days is built into the filing ground itself, not served as a separate notice, and chapter 21-16 sets no waiting period between judgment and execution of the writ.
  • A defective notice is the most common reason a case is dismissed and has to start over. Check the form and the delivery method in the full guide before you serve it.
  • A tenant who files an answer, raises a defense or appeals adds hearings and waiting periods. Busy urban dockets can add weeks at every stage.
  • Never change the locks or shut off utilities yourself. Self-help eviction is illegal in every state and can cost more than the unpaid rent.

Read the full South Dakota eviction guide, with the statute or rule behind each step.

South Dakota scores 10 of 10 on our landlord-friendly states map (most landlord-friendly).

Compare eviction timelines in every state.

This timeline is general information for landlords, not legal advice. Deadlines change and courts vary by county. Confirm current rules with a licensed South Dakota attorney before acting.