What is a South Dakota Eviction Notice or Notice to Quit?
When to use a South Dakota Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated the lease or rental agreement.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired and the tenant has remained on the property.
NOTICE TO QUIT
, South Dakota
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , South Dakota
PLEASE TAKE NOTICE that the tenancy
THIS IS INTENDED AS A THREE (3) DAY NOTICE TO QUIT FOR FAILURE TO PAY RENT. THIS NOTICE IS IN ACCORDANCE WITH SOUTH DAKOTA CODIFIED LAWS § 21-16-2.
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF SOUTH DAKOTA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
South Dakota Eviction Notice FAQs
Can I legally evict a tenant for past-due rent in South Dakota?
Under normal circumstances, the answer is yes. You can use a South Dakota Eviction Notice (more specifically called a 3-Day Notice to Quit) to start the process. However, due to the pandemic, a few limitations and protections have been established for tenants who have been unable to pay rent. Despite the fact that the federal eviction moratorium has been blocked by the U.S. Supreme Court, the state and municipal governments in South Dakota can create and enforce their own regulations for residential evictions. Stay up to date with the ask a lawyer , if you are still uncertain.
Do I always need to write an Eviction Notice in South Dakota?
In order to file an eviction lawsuit against a tenant in South Dakota, you must always provide a Notice of Eviction as a first step. Here are a few common circumstances in which you might need to use one:
- The tenant is habitually late to pay rent or they are behind on payments
- The tenant creates a nuisance or disturbs other renters
- The tenant is using the property for an illegal business
- The tenant brings in a dog or cat and the lease agreement does not allow animals
- The tenant brings on a subletter in breach of the lease terms
- The tenant has caused excessive damage to the property
Outside of violations, tenants generally may be evicted by a landlord for other reasons that are not related to their personal conduct, such as when the property owner plans to move in. Please keep in mind the list above is not comprehensive and the legally permitted reasons for eviction can vary from town to town. If you've got any particular concerns or hesitations about South Dakota eviction laws, connect with a lawyer.
How should a South Dakota Notice to Vacate be organized?
You can click on the button labeled "Make document" to take a closer look at the South Dakota Eviction Notice sample. Before getting started, you generally might want to organize the following critical details for a Notice to Vacate in South Dakota:
- The address and description of the property
- The legal name of each tenant
- Which of the terms in the lease have been violated
- How much of the rent is currently overdue (if appropriate)
- How long the tenant will have to fix the situation
If your tenant is not in the wrong, you may want to provide more context. More adjustments and edits are permitted, as necessary. It is very important to confirm that all of the policies and terms that you make note of are present in your tenancy agreement.
How will South Dakota eviction laws affect me as a rental property owner?
Laws continually evolve over time and the eviction process and restrictions can be fairly complex for a first-timer. In some cases, there are different notice periods and other requirements based on how long the tenant has occupied the unit and the reason for eviction. With that in mind, it is strongly recommended that you consult an eviction lawyer when planning to deliver a Notice of Eviction to any tenant in South Dakota.
Where can I make a South Dakota Eviction Notice template online for free?
When you use Rocket Lawyer, your South Dakota Eviction Notice can be created especially for you and your specific needs. Simply click "Make document" above and answer a few standard questions. This solution, in many cases, would be notably less expensive than working with your average attorney.
What would I usually need to pay to evict a tenant in South Dakota?
The cost of finding and hiring an attorney to create a Notice of Eviction can total anywhere between hundreds of dollars and thousands. Rocket Lawyer is not a run-of-the-mill eviction template provider. With our service, any landlord or property manager under a Rocket Lawyer Premium membership has access to up to a 40% discount when hiring an attorney from our network. If you wish to understand what the complete cost of an eviction might be, you'll need to take into consideration the court fees associated with filing the lawsuit, attorney fees, the value of unrecovered payments, storage and/or cleaning fees, and lastly, the time and money spent on finding new tenants.
How long does the South Dakota eviction process usually take end to end?
The duration of the eviction process for South Dakota will usually depend on the amount of notice required, along with the overall volume of proceedings being held simultaneously. Here is a basic explanation of South Dakota notice periods:
- Non-payment of rent: 3-day notice
- Non-compliance with rental agreement: 3-day notice
- No fault of the tenant(s): 30-day notice
After the pre-defined notice period is over, the actual eviction may still take from 5 weeks to 3 months. It is important to note that with particular types of housing, including where rent is subsidized, the mandated notice period is often even longer.
Do I need to work with a lawyer if I am evicting someone in South Dakota?
While you can opt to produce a Notice to Vacate without support, many property owners who go to court will be represented by an attorney. Locating an attorney to give feedback on your South Dakota Eviction Notice could be expensive. An easier way to double-check your document would be via the Rocket Lawyer attorney network. By signing up for a Premium membership, you can get your document evaluated by an attorney with experience in real estate matters. Whether you make another SD Eviction Notice or other legal documents for property owners, Rocket Lawyer is here to help.
Would I need to do anything else after creating a Notice of Eviction/Notice to Quit in South Dakota?
After making a South Dakota Eviction Notice using Rocket Lawyer, you will have the ability to review it anytime, on any device. As a Rocket Lawyer member, you can edit it, make copies, download it as a Word or PDF file, and/or print it out when needed. You will need to sign and date the notice before it is served on the tenant(s). There are several methods available for serving a notice:
- Deliver it in person
- Work with a third-party process server
- Send it by certified mail
Remember, "self-help" or "do-it-yourself" evictions are illegal in South Dakota. Landlords must not turn off utilities and services, remove belongings, padlock the doors or otherwise attempt to intimidate their tenants in an effort to make them move. Acting lawfully before and during the eviction proceedings will put you in the best position to remove tenants successfully under a court order.