South Dakota Eviction Notice Forms are the official documents used to initiate the legal eviction process in South Dakota. A landlord sends this notice to a tenant before filing an eviction lawsuit to fix their violation or vacate the property willingly. If the tenant neglects to react, the landlord can move the matter to the magistrate or circuit court.
South Dakota Eviction Notice Forms: by Type (3)
South Dakota Eviction Notice (Non-Compliance): A Notice to Quit for Non-Compliance details a tenant’s violation of the lease agreement (other than rent payment) and notifies them to vacate the property within a reasonable timeframe. In South Dakota, landlords are not required to provide the tenant with time to remedy the breach or a grace period to move out. They can ask a tenant to move out at any time with proper notice.
Download: Microsoft Word (.docx)
South Dakota 3-Day Eviction Notice to Quit (Non-Payment): The 3-Day Notice to Quit for Non-Payment informs a tenant that they must pay delinquent rent before eviction proceedings are instituted.
Download: Microsoft Word (.docx)
South Dakota 30-Day Eviction Notice to Quit (Month to Month Tenancy): This Lease Termination Letter can be sent by tenants, property owners, landlords, and managers to terminate a month-to-month lease. A tenant must provide a landlord with a 15-day notice while the latter must send the notice 30 days before the termination date.
Download: Microsoft Word (.docx)
The Eviction Process in South Dakota
Only way the landlord can remove a tenant from their property in South Dakota is through the legal process. The landlord cannot physically or forcibly remove the tenant from the premises, for example, by turning off utilities or closing the house. Instead, they must:
1. Provide Requisite Notice
The eviction process starts with the landlord serving the tenant with proper notice. The notice must describe the violation and notify the tenant to vacate the premises within a reasonable timeframe. For rent payment, the tenant will have three days to pay or vacate.
2. Fill Out Court Papers
Once the tenant receives the notice, they may respond by moving out or fixing the problem. If they don’t respond by the stated deadline, the landlord may fill out a Summons and Complaint with the magistrate or circuit court in the area where the property is located and serve the tenant.
3. Go to Court
The tenant generally has four days from the date of serving to respond to the Summons and Complaint. If they do, both parties will appear in court to argue their case. If they don’t respond, the landlord may file for a default judgment.
If the landlord prevails, in either case, the court will enter a Judgement of Possession to restore possession of the property in question to the landlord.
4. Evict the Tenant
Once the court rules in the landlord’s favor, the tenant will have a prescribed amount of time to vacate the premises willingly. If they don’t, the landlord may obtain an Execution of Possession and present it to the sheriff’s office. This document authorizes the sheriff to remove the tenant from the property.
When Is Rent Due in South Dakota?
Rent is considered due in South Dakota on the date specified in the lease agreement. When the rent is due, the landlord must provide proper notice and give the tenant three days to pay the amount.
Related South Dakota Court Forms
The forms defined below are crucial to the legal eviction process in South Dakota. It is crucial to note that they are not available online and must be obtained from the circuit or magistrate court.
- Summons and Complaint – A landlord files this document with the court to initiate an eviction legal action.
- Judgment for Possession – The court issues this document to prove that the landlord has regained possession of their property.
- Execution for Possession – A landlord requests this document to authorize the sheriff’s office to remove an evicted tenant from the property if they fail to move out after being evicted.
How to Write a South Dakota Notice to Quit
The following quick guide should help you draft a proper eviction notice. It is crucial that you locate and refer to the original lease during this process.
Step 1: Enter the tenant’s full name and contact information as reported on the lease agreement.
Step 2: Summarize key lease facts such as the property address, lease dates, and signatures dates.
Step 3: Indicate the notice type and continues as described below:
- Notice to Quit for Non-Compliance – Describe the lease violation, provide a viable solution, or ask the tenant to vacate the premises.
- Notice to Quit for Non-Payment – State the rental period, due rent, applicable penalties, acceptable payment method, and the authorized agent’s name. Give the tenant three (3) days to pay or move out.
- Lease Termination – Indicate your intent to terminate the lease, provide an effective date that gives at least 30 or 15 days of notice to the tenant and landlord, respectively.
Step 4: State your intention to file an eviction lawsuit if the tenant fails to comply.
Step 5: Sign the notice under your full name.
Step 6: The deliverer must sign the testimony of delivery upon delivery.
Notice to Quit (Non-Compliance)
{Date}
{Tenant’s Name}
{Property Address}
Re: Comply or Vacate
Dear {Mr./Mrs./Ms./ Last Name},
This notice is to notify you that, pursuant to South Dakota laws, you have {reasonable duration} from the serving of this notice to vacate the property at {property address}.
You may remain on the premises if you cure the {nature of violation} to the lease agreement dated {signature date} by {solution}.
If you don’t respond to either option by {deadline}, legal action will be taken against you.
Sincerely,
{Your Name}
{Your Signature}
3-Day Notice to Quit (Non-Payment)
{Date}
{Tenant’s Name}
{Property Address}
Re: Pay or Vacate
Dear {Mr./Mrs./Ms./ Last Name},
You are currently in violation of the lease agreement dated {lease date} due to non-payment of the rent of {amount} for {rental period} for the property at {property address}.
This notice, written pursuant to SDCL 21-16-2, gives you three days from the service date to pay the total amount of {amount} or vacate the premises.
Failure to do so will result in legal action being instituted against you.
Sincerely,
{Your Name}
{Your Signature}
30-Day Notice to Quit (Month to Month Tenancy)
{Date}
{Tenant/Landlord’s Name}
{Property Address}
Re: Lease Termination
Dear {Mr./Mrs./Ms./ Last Name},
I, {landlord/tenant’s name}, hereby notify you that the lease dated {lease date} for the property on {property address} will be terminated on {effective date: the landlord must provide a 30-day notice, while the tenant must provide a 15-day notice}.
Both parties will perform the move-out inspection on {preferred date}. Upon moving out, {my/your} deposit {should/will} be mailed to {address}.
Sincerely,
{Your Name}
{Your Signature}
South dakota eviction notice forms are key to beginning the legal eviction process in the state, even in situations where the landlord isn’t required to give the tenant a grace period. The notice must define the violation, offer the tenant a chance to cure it {in curable situations}, and state the landlord’s intent to file an eviction lawsuit if the tenant fails to comply.
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