South Dakota Eviction Laws
A residential landlord must adhere to South Dakota state law when evicting a tenant.The South Dakota eviction process allows for a more expedited proceeding than generally seen in other states.
Tenant Self-Eviction is Unlawful in South Dakota
The following actions are considered illegal in eviction cases: shutting off essential services, denying tenants access to the rental property, seizing a tenants personal belongings and threatening the tenant. Only a valid court order can legally expel a tenant. In case of self-eviction the landlord may be liable for damages and out-of-pocket expenses incurred by the tenant who also may terminate the lease agreement.
3-Day Eviction Notice to Quit
A court order is needed for an eviction from a rental property and will only be issued after the landlord has performed all the necessary steps. The landlord must first serve a written South Dakota Eviction Notice.The notice can be served once the tenant is more than 3-days late paying the rent or 3 days after expiration of the rental agreement, or by an act of omission or commission that would constitute a cancellation of the lease. There is no specific requirement as to the contents of the 3-Day Notice but it must have sufficient information on it;
- Name and address of tenant
- Name and address of landlord
- Reason for the eviction
- Opportunity for the tenant to remedy the violation or not, and when
- Date of the lease termination
Service of the Eviction Notice
The notice should be hand delivered to to the tenant. Then the server must wait 6 hours to try to deliver the notice again, at which time he or she may give the notice to any any occupant in the rental unit or property, if available. The notice must then be taped to the front door and sent by mail. Certified mail is not required.
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