A South Dakota eviction notice is a document that constitutes the first step a landlord takes to notify a tenant of intent to evict if certain steps are not taken. The landlord writes the notice while including a description of the violation and the number (#) of days the tenant has to fix the issue. If the tenant is unresponsive, the landlord can file a forcible entry and detainer lawsuit in the local Magistrate Court or Circuit Court.
A South Dakota eviction notice form for nonpayment of rent is a written document that states a tenant has 3 days to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in South Dakota.
Types of South Dakota Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
3-Day Notice to Quit (Nonpayment of Rent)
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to South Dakota law, rent is considered late is if it not paid for 3 days after it’s due.
Once rent is past due, the landlord must provide tenants with a 3-Day Notice to Quit if the landlord wants to file an eviction action with the court. This notice gives the tenant 3 days to move out of the rental unit to avoid eviction.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The Eviction Notice for Nonpayment of Rent should include the total amount of past-due rent owed.
Get the downloadable 3-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
If you’re a landlord seeking to evict a tenant, use a South Dakota (SD) eviction notice to begin the process. Your eviction notice must be written according to South Dakota state law, and give your tenant the legally required amount of time to respond or move out.
In South Dakota, eviction lawsuits are governed by Title 21, Chapter 16 of the South Dakota Codified Laws.
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease, and that they must prepare to leave your property. In South Dakota, landlords must give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
What is a South Dakota Eviction Notice?
A South Dakota eviction notice is a written notice that informs the tenant they’ve violated the lease agreement in some way and gives them a certain number of days to correct the violation or leave the property (curable violation). It is the start of the legal eviction process. Before a landlord can file a forcible entry and detainer with the court which is the official way to address an eviction lawsuit, they must first create and legally serve an eviction notice (also known as a notice to quit) on the tenant. An eviction notice informs the tenant that the landlord is aware of a lease violation on the residential premises.
All South Dakota eviction notices must comply with South Dakota codified laws, specifically the landlord-tenant laws. Before serving an eviction notice or filing an eviction hearing against the renter, seek legal advice. An attorney can review the violation of the rental agreement to help you determine if you’re in good standing as a landlord to support your claim against the tenant.
What are the Components of a South Dakota Eviction Notice?
There are three basic South Dakota eviction notices. All of them have the same basic components:
- The legal name(s) of the tenant(s) who signed the lease and are legally required to uphold its terms
- The address of the rental property
- The date the eviction notice was created
- How the eviction notice was served on the tenant (referred to as proof of service or certificate of service)
- The contact information of the landlord or property manager
- The printed name and signature of the landlord or property manager.
South Dakota eviction notices are also known as a notice to quit. The number of days the tenant has to correct the problem or vacate the property depends on the reason the eviction notice is issued. They may also have specific additional components.
South Dakota 3-Day Notice to Quit for Non-Payment of Rent
A three-day notice for non-payment of rent is a South Dakota eviction notice that, according to § 21-16-1(4) and § 21-16-2, is used when the tenant does not pay their rent on time. It gives the tenant three days to pay the past due amount or vacate the rental unit. The landlord or the agent drafting the eviction notice should make sure to include:
- The full amount of rent that is past due
- How it should be paid (i.e., money order)
- Where it may be paid
- The date by which the tenant should comply or vacate the property.
A South Dakota eviction notices is a document delivered to a tenant to notify them that their lease is terminating in the number of days indicated on the form. In South Dakota, it is legally required of the landlord to provide three (3) days’ notice to the tenant should they be in default of their rent for over three (3) days past the due date, or if they have stayed on the property beyond their lease term.
A landlord in this state is not required to provide written notice if the tenant has damaged the property, violated their lease, or refused to make necessary repairs to the property after a request has been made by the landlord. Failure to comply with the notice terms can result in a Forcible Detainer and Entry action filed to evict the tenant from the premises and recover any necessary damages.
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