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AI South Dakota Eviction Notice

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AI South Dakota Eviction Notice

> South Dakota Eviction Notice: provide tenant, grounds, amounts owed, property and get a complete South Dakota eviction notice in minutes, including correct notice type, 3-day pay-or-quit or cure-or-quit periods, 30-day no-cause, and statutory service rules under SD Codified Laws § 21-16-1 et seq. Free AI workflow, no signup required to preview., -

South Dakota Eviction Notice, Notice Type Selector

South Dakota eviction (forcible entry and detainer) is governed by SD Codified Laws Chapter 21-16 and Chapter 43-32. A written notice is generally required before filing in circuit or magistrate court. Select the notice that matches the grounds:

GroundNotice TypeStatutory PeriodGoverning Statute
, ,, , , -, , , , ,, , , , , -
Nonpayment of rent (rent unpaid 3+ days)3-Day Notice to Pay Rent or Quit3 days to pay or vacateSDCL § 21-16-1(4), § 43-32
Material lease violation or waste (curable)3-Day Notice to Cure or Quit3 days to cure or vacateSDCL § 21-16-1(7), § 43-32-18
No-cause termination of month-to-month30-Day Notice to Vacate (No Cause)30 daysSDCL § 43-32-13, § 43-32-15
Holdover after fixed term or proper noticeUnconditional Notice to Quit / FEDImmediate after proper prior noticeSDCL § 21-16-1

> Important: This notice is a prerequisite to filing an eviction action in South Dakota circuit or magistrate court. It does not itself evict the tenant. Self-help eviction (changing locks, shutting off utilities, removing belongings) is prohibited. Landlord must obtain a court order after the notice period expires., -

NOTICE TYPE A, 3-Day Notice to Pay Rent or Quit *(Nonpayment of Rent, SDCL § 21-16-1(4))*, -

3-DAY NOTICE TO PAY RENT OR QUIT

STATE OF SOUTH DAKOTA
COUNTY OF [[County Name]]

Date of Notice: [[Date of Notice]]

TO: [[Tenant Full Name(s)]]
AND ALL OTHER OCCUPANTS of the premises located at:
[[Rental Property Address]]
[[City]], South Dakota [[ZIP Code]]
(hereinafter "the Premises")

FROM: [[Landlord or Authorized Agent Full Name]]
[[Landlord Mailing Address]]
[[City]], South Dakota [[ZIP Code]]
Phone: [[Landlord Phone]], -

NOTICE OF NONPAYMENT AND INTENT TO TERMINATE TENANCY

PLEASE TAKE NOTICE that you are in default under your rental agreement for failure to pay rent when due. Rent has remained unpaid for three (3) days after it became due. Pursuant to South Dakota Codified Laws § 21-16-1(4) and related provisions, you are hereby notified of the following:

Itemized Rent Due (Rent Only):

PeriodAmount DueDue Date
, ,, , ,, , ,
[[Rental Period 1 (e.g., June 2026)]]$[[Monthly Rent Amount]][[Due Date 1]]
[[Rental Period 2 (if applicable)]]$[[Additional Rent Amount]][[Due Date 2]]

Total Rent Owed: $[[Total Rent Amount Owed]]

> South Dakota Law Note: This notice demands rent only. Late fees, attorney fees, utilities, or other charges are not included in the rent demand and may not form the basis for this pay-or-quit notice. Consult counsel regarding waiver issues if accepting partial payment., -

DEMAND

You are hereby NOTIFIED AND DEMANDED to do one of the following within THREE (3) DAYS after service of this notice:

1. PAY IN FULL the total rent due of $[[Total Rent Amount Owed]] to [[Landlord or Authorized Agent Full Name]] at [[Payment Address or Method, e.g., in person at address or by mail to PO Box]]; OR

2. VACATE AND SURRENDER the Premises at [[Rental Property Address]], [[City]], South Dakota [[ZIP Code]].

The three (3) day period is computed excluding the day of service. If the third day falls on a Saturday, Sunday, or legal holiday, the period is extended to the next business day., -

NOTICE TYPE B, 3-Day Notice to Cure or Quit *(Lease Violation / Waste, SDCL § 21-16-1(7), § 43-32-18)*, -

3-DAY NOTICE TO CURE OR QUIT

STATE OF SOUTH DAKOTA
COUNTY OF [[County Name]]

Date of Notice: [[Date of Notice]]

TO: [[Tenant Full Name(s)]]
AND ALL OTHER OCCUPANTS
[[Rental Property Address]]
[[City]], South Dakota [[ZIP Code]]

FROM: [[Landlord or Authorized Agent Full Name]]
[[Landlord Mailing Address]]
[[City]], South Dakota [[ZIP Code]], -

NOTICE OF LEASE VIOLATION AND INTENT TO TERMINATE

PLEASE TAKE NOTICE that you have breached the rental agreement by the following act(s) or omission(s):

Description of Violation(s): [[Specific description of lease violation or waste, e.g., "Unauthorized pet in unit in violation of Section X; or damage to walls and flooring beyond ordinary wear and tear"]]

This breach constitutes grounds for termination under SDCL § 21-16-1(7) and § 43-32-18.

DEMAND: Within THREE (3) DAYS after service of this notice, you must either:

1. CURE the violation completely (remove pet, repair damage to landlord's satisfaction, cease the prohibited conduct, etc.); OR

2. VACATE AND SURRENDER the Premises.

If you fail to cure or vacate within three (3) days, landlord will file a forcible entry and detainer action in the appropriate South Dakota circuit or magistrate court to recover possession and such other relief as permitted by law., -

NOTICE TYPE C, 30-Day Notice to Vacate (No Cause) *(Month-to-Month Tenancy Termination, SDCL § 43-32-13, § 43-32-15)*, -

30-DAY NOTICE TO VACATE

STATE OF SOUTH DAKOTA
COUNTY OF [[County Name]]

Date of Notice: [[Date of Notice]]

TO: [[Tenant Full Name(s)]]
AND ALL OTHER OCCUPANTS
[[Rental Property Address]]
[[City]], South Dakota [[ZIP Code]]

FROM: [[Landlord or Authorized Agent Full Name]]
[[Landlord Mailing Address]]
[[City]], South Dakota [[ZIP Code]], -

NOTICE OF TERMINATION OF MONTH-TO-MONTH TENANCY

PLEASE TAKE NOTICE that the month-to-month tenancy for the Premises described above is hereby terminated effective [[Termination / Vacate Date, at least 30 days after service]].

You are required to vacate and surrender possession of the Premises on or before the above date. If you remain after that date without landlord's written consent, landlord will initiate unlawful detainer proceedings in court.

This notice is given in accordance with South Dakota Codified Laws § 43-32-13 and § 43-32-15. No cause is required for termination of a month-to-month tenancy upon proper notice., -

PROOF OF SERVICE (Required for all notice types)

Method of Service (check one and complete):

  • [ ] Personal delivery: I personally delivered a copy of this notice to [[Tenant Full Name(s)]] on [[Date/Time of Service]] at [[Location of Service]].
  • [ ] Posting + Mailing: I posted a copy of this notice in a conspicuous place on the door of the Premises on [[Date/Time Posted]] and mailed a copy via first-class mail (postage prepaid) to the tenant at the Premises address on [[Date Mailed]].

Server Information:

Name: [[Server Full Name / Process Server or Landlord Agent]]
Address: [[Server Address]]
Signature: ______________________________ Date: ___________, -

LANDLORD CERTIFICATION

I certify that the statements in this notice are true and that I have complied with all applicable South Dakota notice and service requirements. I understand that after the notice period expires without cure or vacation, I must file an action in circuit or magistrate court; self-help eviction is prohibited.

Signature: ______________________________ Date: ___________
Printed Name: [[Landlord or Authorized Agent Full Name]], -

> ⚠️ Template example, not professional (legal/financial/medical) advice. This is a sample form only. Verify current South Dakota Codified Laws (Chapters 21-16 and 43-32) and local court rules before use. Service must be proper; improper service may delay or invalidate proceedings. Invented values are shown as `[[Token Name]]`., -

Sources / As of date: SD Codified Laws §§ 21-16-1 et seq. (Forcible Entry and Detainer), §§ 43-32-13, 43-32-15, 43-32-18 (Lease of Real Property), as of June 2026. Service rules follow personal delivery or posting plus first-class mail. Court filing in circuit or magistrate court is required to obtain judgment and writ of restitution. Always confirm with current statutes and court forms.

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01

How it works.

South Dakota Eviction Notice: provide tenant, grounds, amounts owed, property and get a complete south Dakota eviction notice in minutes - including correct notice type, statutory notice period, cure language. Free AI workflow, no signup required to preview.

What you provide

Draft my south dakota eviction notice

Template auto-fills your inputs into the ready-to-use south dakota eviction notice and downloads a .md file. Not legal advice.

02
Statutory notice format per state unlawful-detainer law with proof of service; disclaim that court filing is required to evict.
Format & standard
03

What good looks like.

01

What it must include

Criteria
  • 01Correct notice type for the breach (e.g. Pay-or-Quit, Cure-or-Quit, Unconditional Quit, or no-cause/30-60-day) with statutory cure period
  • 02full tenant names and premises
  • 03itemized amount owed (rent only, not late fees in some states)
  • 04exact deadline and date computation
  • 05demand to pay or vacate
  • 06landlord/agent signature and service method/proof of service
02

Signals of expertise

Quality
  • Jurisdiction-correct cure days (e.g. 3-day pay-or-quit), proper service methods (personal/substituted/posting-and-mailing), excluding non-rent charges where prohibited.
03

Common mistakes

Pitfalls
  • ×Wrong notice period for the jurisdiction
  • ×demanding amounts not legally recoverable
  • ×no proof-of-service section
  • ×using as a self-help eviction (it's only the predicate to filing)

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