Eviction Process In South Dakota
Eviction Process In South Dakota
The eviction process in South Dakota requires precise steps and proper legal notice. Landlords must follow set guidelines to avoid delays or dismissal by the courts.
How Long Does The Eviction Process Take In South Dakota?
From start to finish, most evictions in South Dakota take anywhere from two to six weeks. The process length will depend on court schedules, service of notices, and tenant response. Landlords need to provide the right notice first, such as a 3-day or 5-day notice depending on the reason for eviction.
Once the required notice period ends, landlords must file an eviction action in court. After the court filing, a hearing is usually scheduled within 10–20 days. If the court decides in favor of the landlord, tenants typically have a few days to move out. If they do not leave, the sheriff may enforce the eviction. Fees paid to the sheriff’s office can speed up or slow down different steps in the process. For more details, see the full South Dakota eviction process timeline.
What Are The Legal Grounds For Eviction In South Dakota?
Legal grounds for eviction are strictly limited by state law. Most commonly, these include nonpayment of rent, lease violations, or termination of tenancy at the end of the rental term. Other valid reasons can include illegal activity on the property or failure to follow property rules.
Each ground for eviction has its own notice requirements. Nonpayment usually requires a 3-day written notice. A violation of lease terms may need a 3-day or 5-day notice depending on the severity. If the lease has expired, notice might be longer. Accuracy in notices and clear documentation are crucial for a successful eviction. Details and required forms can be found in the official checklist for an eviction action.
Are There Special Rules For Month-To-Month Tenancies?
Month-to-month tenancies require a longer notice period than fixed-term leases. Landlords must give at least 30 days’ written notice to terminate a month-to-month rental agreement unless the eviction is due to nonpayment of rent or another violation.
If a tenant violates the rental agreement, a shorter notice may be issued. The type of notice depends on the violation, but general terminations still need the 30-day period. Proper service of the notice — by hand delivery or certified mail — is essential. This ensures legal compliance and maintains the landlord’s right to remove the tenant if they do not move out. For detailed information about month-to-month rentals and related rules, visit the evictions section of SD UJS Self Help.
Eviction Notice Requirements In South Dakota
Property managers in South Dakota must follow set rules when serving eviction notices. Proper notices and correct delivery can impact whether the court accepts or rejects an eviction case.
What Types Of Eviction Notices Are Allowed?
South Dakota law allows eviction notices for several reasons. The most common is for failure to pay rent. In these cases, the law requires a written Three-Day Notice to Quit. For situations like lease violations or ending a month-to-month agreement, property managers must give a different notice, sometimes up to 30 days depending on the reason and the lease.
For example:
- Nonpayment of Rent: 3-day written notice
- Breach of Lease: Exact notice can vary, but written form is always required
- Termination of Month-to-Month Tenancy: 30-day notice is typical
Being clear on the reason for eviction is important, and each situation may have its own legal notice period. See the detailed South Dakota eviction notice process for more.
How Should Property Managers Serve An Eviction Notice?
Serving the eviction notice correctly is critical. The notice must be written and include all relevant details: names of tenants, address, reason for eviction, and the time given to fix the problem or move out.
Property managers typically need to do one of the following:
- Hand deliver the notice to the tenant in person
- Leave it at the tenant’s home if they are not there, often by posting on the door
- Mail the notice to the tenant’s last known address
A copy of the notice and proof of delivery should be kept for court. If proper service is not done, the court may dismiss the case. Detailed steps can be found on the official self-help eviction forms website.
What Happens If The Tenant Ignores The Notice?
If a tenant does not comply with the eviction notice by either paying the rent or moving out, the property manager can file an eviction lawsuit in court. The next step is to file a formal complaint and pay the filing fee required by the court.
The court will set a date for a hearing. Both sides can present evidence before a judge. If the property manager wins, the court will issue an order for the tenant to vacate the property. If the tenant still refuses to leave, the sheriff may be called to remove them as described in the Minnehaha County eviction process.
Prompt action after the notice period expires keeps the process on track and helps regain possession of the unit quickly.
Court Procedures For South Dakota Evictions
Property managers must follow strict steps in South Dakota courts for eviction lawsuits. Proper documents and careful preparation are necessary to avoid delays and legal issues with tenants.
What Evidence Should Property Managers Prepare?
Evidence is critical when presenting an eviction case before the court. Property managers should gather all documents proving the lease terms, rent payment history, and any communication with the tenant. Original copies of the lease agreement and payment receipts are essential.
If the eviction reason is lease violation, include written notices sent to tenants, photographs, or inspection reports showing the violations. For nonpayment cases, a detailed list or table of missed payments with due dates is helpful.
The five-day notice to vacate, which is required by law, must be included with clear proof of when and how it was delivered. Written records of any previous warnings or agreements should also be ready. Use a checklist found in the South Dakota eviction instructions to confirm all required forms and evidence are ready for court.
How Do Court Hearings Work For Evictions?
South Dakota courts typically set an eviction hearing once the case is filed and the tenant has responded. Hearings can happen quickly—sometimes as soon as two days after a tenant files a written answer. Both the property manager and tenant attend.
The judge reviews the submitted evidence and listens to each side. The judge may ask questions about the lease, payment history, and meetings with the tenant. Property managers must be concise and rely on their prepared documentation. The judge decides if an eviction order is warranted.
If the court rules in the landlord’s favor, an order is issued allowing removal of the tenant. To see more details about this process, review the steps on the South Dakota eviction process page. If the tenant disagrees, they might still appeal or ask for more time before vacating.
Tenant Rights During The Eviction Process
Tenants in South Dakota have specific rights that property managers must follow during the eviction process. Knowing these rules helps avoid legal issues, delays, and extra costs.
What Defenses Can Tenants Use Against Eviction?
Tenants may use several defenses to challenge an eviction. Commonly, they question whether the landlord followed the proper legal steps, such as giving correct notice or providing enough time to respond. If the notice is missing required information or is served improperly, courts often dismiss the case.
Tenants also defend against eviction by showing the landlord did not maintain the property, which could be a breach of the rental agreement. In other situations, tenants prove they paid rent or that the landlord is wrong about lease violations. Claims of discrimination or retaliation can also stop or pause the eviction process.
In South Dakota, courts expect landlords to strictly follow all legal requirements. If tenants believe an illegal eviction is taking place, they can present evidence and call witnesses in their defense. Property managers should review the correct eviction process steps in Minnehaha County to limit these common defenses.
What Are The Legal Protections For Tenants In South Dakota?
Tenants have several legal protections during an eviction. State law requires a five-day written notice to vacate before court proceedings begin. If the issue is nonpayment, tenants can pay overdue rent within the notice period to avoid eviction.
South Dakota law also protects against discrimination and retaliatory action. Landlords may not evict tenants as punishment for complaining about property conditions or for joining a tenant association. Security deposits can only be withheld for specific damages, and full documentation is required.
If landlords violate state rules, tenants can file complaints and seek relief in court. For more detailed guidance, property managers can review the South Dakota eviction process and laws 2025. Keeping accurate records and following legal timelines helps prevent disputes and protects property management interests.
Handling Tenant Property After Eviction
After an eviction, property managers in South Dakota must follow specific rules when handling anything tenants leave behind. These rules cover how long to keep items and requirements about notice or liens.
What Should Property Managers Do With Abandoned Property?
When a tenant is removed or leaves property behind, property managers must secure and take care of anything left on the rental unit. If the total value of the property is less than $100, there are simpler rules, but for most situations, the landlord must store everything left behind safely.
Managers cannot just throw away the items immediately. Instead, they often have a lien on the property, which covers their costs for storing and handling these items. If the items are valued at more than $500, property managers may need a court’s permission before getting rid of them. It is important to keep detailed records and follow any local legal steps. More details are available for the eviction process in South Dakota.
How Long Must Property Be Stored In South Dakota?
State law requires that any belongings left after an eviction must be stored for at least 30 days. Property managers are responsible for storing the items during this period, allowing the tenant a chance to reclaim them. There is also often a legal notice period before action can be taken.
If the tenant does not collect their property within thirty days, the property manager can dispose of it, following legal steps. For high-value items, such as those over $500, special rules apply. Property managers should review the full guidelines on abandoned tenant property in South Dakota to ensure all actions taken are legal and documented.
Costs And Fees In The South Dakota Eviction Process
Property managers in South Dakota face several direct and required costs during the eviction process. These expenses include court filing fees and, in some cases, attorney fees. Requirements are strict for each step, and failing to follow them can increase total costs.
What Are The Typical Eviction Filing Fees?
The average court filing fee for eviction in South Dakota is about $220. This fee is mandatory and must be paid to the court to begin the official process.
Once paperwork is filed, property managers must serve the eviction notice. The service fee for the sheriff’s office is often about $65 per step, based on Minnehaha County’s eviction process. If multiple attempts or forms are needed, additional fees apply.
If the eviction is due to nonpayment of rent or the tenant failing to return a security deposit, these fees still apply. Delays or errors can mean new filing or service fees, increasing overall costs.
Can Managers Recover Attorney Fees And Damages?
Property managers may seek to recover attorney fees from the tenant, depending on the circumstances. South Dakota law caps reimbursement for attorney fees at $500, even if actual legal costs are higher.
Other recoverable costs can include court filing fees and service fees. If a tenant loses the case, the judge may order them to cover these expenses.
Direct damages like unpaid rent or deductions from a security deposit due to property damage can also be added. Penalties for violating legal procedure, such as attempting a self-help eviction, may result in the manager having to pay the tenant's fees and court costs. For further details on how these fees work, review South Dakota eviction laws.
Tips For Property Managers To Prevent Eviction Issues
Property managers can prevent eviction problems by taking action at the start of each lease and by setting clear expectations with tenants. Key steps include tenant screening and using strong clauses in lease agreements.
How Can Screening Tenants Reduce Eviction Risk?
Thorough screening helps lower the chance of problems later. Property managers should look at a tenant’s credit history, rental record, employment status, and any record of past evictions. Careful checks make it easier to spot risky tenants before moving forward.
It is smart to use a consistent application process for every applicant. This keeps things fair and legal. Setting clear standards for income and rental history helps filter out high-risk tenants.
Property managers should also contact previous landlords to ask about on-time payments and property care. Verifying employment and steady income can help managers avoid tenants who might have trouble paying rent. Well-done screening saves time and legal trouble, making eviction less likely. More steps to improve this process are found in South Dakota eviction laws.
What Lease Clauses Help Avoid Eviction Situations?
A detailed lease agreement makes rules clear for both parties. Managers should use written leases that explain payment terms, late fees, and rules for repairs or maintenance requests. A solid lease reduces the chance for confusion or disputes later.
Specify who handles repairs, how to report maintenance issues, and when rent is due. Take time to explain rules about property use, subleasing, and guest stays. Outline what happens if rules are broken.
Spell out the eviction process and any fees for breaking rules. Including these details in the lease agreement provides better legal protection and helps property managers handle issues before they require eviction. For more guidance, see the eviction process in South Dakota.
Frequently Asked Questions
South Dakota eviction processes are defined by state laws that set specific notice requirements, timelines, and legal standards. Property managers should be aware of notice types, tenant protections, and any unique local procedures.
What are the steps involved in the eviction process in South Dakota?
The first step is to serve the correct eviction notice, such as a 3-day, 5-day, 7-day, or 30-day notice, depending on the violation. If the tenant does not comply, the landlord files a court action for possession.
After the court date, if the landlord is successful, the sheriff may be asked to remove the tenant. Each of these steps has a required fee and timeline. Details can be found on the Minnehaha County eviction process page.
How long does a landlord have to give notice before eviction proceedings begin in South Dakota?
For most non-payment of rent cases, a 3-day notice is typical. Some lease violations or situations require a 7-day or 30-day notice. The length of notice must follow state law and depends on the specific reason for eviction.
Review the South Dakota eviction process requirements in 2025 for a full breakdown.
What rights do tenants have during the eviction process in South Dakota?
Tenants have the right to receive a written eviction notice before any court action. They may contest the eviction during the court hearing, present defenses, and remain until the court officially orders their removal.
South Dakota landlord tenant law requires strict adherence to these procedures without self-help or lockouts by the landlord.
Are there specific conditions under which a tenant can be evicted during winter months in South Dakota?
State laws do not prevent eviction filings during winter months. Eviction for non-payment, lease violations, or holding over after lease expiration can proceed any time of year.
No special protections apply in winter based solely on the season.
How does Pennington County handle the eviction process differently, if at all?
Pennington County requires a Five-Day Notice to Vacate, which is slightly different from the three-day notice used in some other counties. The notice must list all tenants and state the reason for eviction.
Further county-specific procedures are detailed on the Pennington County evictions page.
What constitutes a legal eviction notice in South Dakota?
A legal eviction notice must be written, state the reason for eviction, and specify the date by which the tenant must vacate or cure the issue. The notice must be delivered to all adult tenants according to legal standards, such as personal delivery or posting.
For official forms, view eviction forms and instructions from South Dakota UJS.
Eviction Process In South Dakota
The eviction process in South Dakota requires precise steps and proper legal notice. Landlords must follow set guidelines to avoid delays or dismissal by the courts.
How Long Does The Eviction Process Take In South Dakota?
From start to finish, most evictions in South Dakota take anywhere from two to six weeks. The process length will depend on court schedules, service of notices, and tenant response. Landlords need to provide the right notice first, such as a 3-day or 5-day notice depending on the reason for eviction.
Once the required notice period ends, landlords must file an eviction action in court. After the court filing, a hearing is usually scheduled within 10–20 days. If the court decides in favor of the landlord, tenants typically have a few days to move out. If they do not leave, the sheriff may enforce the eviction. Fees paid to the sheriff’s office can speed up or slow down different steps in the process. For more details, see the full South Dakota eviction process timeline.
What Are The Legal Grounds For Eviction In South Dakota?
Legal grounds for eviction are strictly limited by state law. Most commonly, these include nonpayment of rent, lease violations, or termination of tenancy at the end of the rental term. Other valid reasons can include illegal activity on the property or failure to follow property rules.
Each ground for eviction has its own notice requirements. Nonpayment usually requires a 3-day written notice. A violation of lease terms may need a 3-day or 5-day notice depending on the severity. If the lease has expired, notice might be longer. Accuracy in notices and clear documentation are crucial for a successful eviction. Details and required forms can be found in the official checklist for an eviction action.
Are There Special Rules For Month-To-Month Tenancies?
Month-to-month tenancies require a longer notice period than fixed-term leases. Landlords must give at least 30 days’ written notice to terminate a month-to-month rental agreement unless the eviction is due to nonpayment of rent or another violation.
If a tenant violates the rental agreement, a shorter notice may be issued. The type of notice depends on the violation, but general terminations still need the 30-day period. Proper service of the notice — by hand delivery or certified mail — is essential. This ensures legal compliance and maintains the landlord’s right to remove the tenant if they do not move out. For detailed information about month-to-month rentals and related rules, visit the evictions section of SD UJS Self Help.
Eviction Notice Requirements In South Dakota
Property managers in South Dakota must follow set rules when serving eviction notices. Proper notices and correct delivery can impact whether the court accepts or rejects an eviction case.
What Types Of Eviction Notices Are Allowed?
South Dakota law allows eviction notices for several reasons. The most common is for failure to pay rent. In these cases, the law requires a written Three-Day Notice to Quit. For situations like lease violations or ending a month-to-month agreement, property managers must give a different notice, sometimes up to 30 days depending on the reason and the lease.
For example:
- Nonpayment of Rent: 3-day written notice
- Breach of Lease: Exact notice can vary, but written form is always required
- Termination of Month-to-Month Tenancy: 30-day notice is typical
Being clear on the reason for eviction is important, and each situation may have its own legal notice period. See the detailed South Dakota eviction notice process for more.
How Should Property Managers Serve An Eviction Notice?
Serving the eviction notice correctly is critical. The notice must be written and include all relevant details: names of tenants, address, reason for eviction, and the time given to fix the problem or move out.
Property managers typically need to do one of the following:
- Hand deliver the notice to the tenant in person
- Leave it at the tenant’s home if they are not there, often by posting on the door
- Mail the notice to the tenant’s last known address
A copy of the notice and proof of delivery should be kept for court. If proper service is not done, the court may dismiss the case. Detailed steps can be found on the official self-help eviction forms website.
What Happens If The Tenant Ignores The Notice?
If a tenant does not comply with the eviction notice by either paying the rent or moving out, the property manager can file an eviction lawsuit in court. The next step is to file a formal complaint and pay the filing fee required by the court.
The court will set a date for a hearing. Both sides can present evidence before a judge. If the property manager wins, the court will issue an order for the tenant to vacate the property. If the tenant still refuses to leave, the sheriff may be called to remove them as described in the Minnehaha County eviction process.
Prompt action after the notice period expires keeps the process on track and helps regain possession of the unit quickly.
Court Procedures For South Dakota Evictions
Property managers must follow strict steps in South Dakota courts for eviction lawsuits. Proper documents and careful preparation are necessary to avoid delays and legal issues with tenants.
What Evidence Should Property Managers Prepare?
Evidence is critical when presenting an eviction case before the court. Property managers should gather all documents proving the lease terms, rent payment history, and any communication with the tenant. Original copies of the lease agreement and payment receipts are essential.
If the eviction reason is lease violation, include written notices sent to tenants, photographs, or inspection reports showing the violations. For nonpayment cases, a detailed list or table of missed payments with due dates is helpful.
The five-day notice to vacate, which is required by law, must be included with clear proof of when and how it was delivered. Written records of any previous warnings or agreements should also be ready. Use a checklist found in the South Dakota eviction instructions to confirm all required forms and evidence are ready for court.
How Do Court Hearings Work For Evictions?
South Dakota courts typically set an eviction hearing once the case is filed and the tenant has responded. Hearings can happen quickly—sometimes as soon as two days after a tenant files a written answer. Both the property manager and tenant attend.
The judge reviews the submitted evidence and listens to each side. The judge may ask questions about the lease, payment history, and meetings with the tenant. Property managers must be concise and rely on their prepared documentation. The judge decides if an eviction order is warranted.
If the court rules in the landlord’s favor, an order is issued allowing removal of the tenant. To see more details about this process, review the steps on the South Dakota eviction process page. If the tenant disagrees, they might still appeal or ask for more time before vacating.
Tenant Rights During The Eviction Process
Tenants in South Dakota have specific rights that property managers must follow during the eviction process. Knowing these rules helps avoid legal issues, delays, and extra costs.
What Defenses Can Tenants Use Against Eviction?
Tenants may use several defenses to challenge an eviction. Commonly, they question whether the landlord followed the proper legal steps, such as giving correct notice or providing enough time to respond. If the notice is missing required information or is served improperly, courts often dismiss the case.
Tenants also defend against eviction by showing the landlord did not maintain the property, which could be a breach of the rental agreement. In other situations, tenants prove they paid rent or that the landlord is wrong about lease violations. Claims of discrimination or retaliation can also stop or pause the eviction process.
In South Dakota, courts expect landlords to strictly follow all legal requirements. If tenants believe an illegal eviction is taking place, they can present evidence and call witnesses in their defense. Property managers should review the correct eviction process steps in Minnehaha County to limit these common defenses.
What Are The Legal Protections For Tenants In South Dakota?
Tenants have several legal protections during an eviction. State law requires a five-day written notice to vacate before court proceedings begin. If the issue is nonpayment, tenants can pay overdue rent within the notice period to avoid eviction.
South Dakota law also protects against discrimination and retaliatory action. Landlords may not evict tenants as punishment for complaining about property conditions or for joining a tenant association. Security deposits can only be withheld for specific damages, and full documentation is required.
If landlords violate state rules, tenants can file complaints and seek relief in court. For more detailed guidance, property managers can review the South Dakota eviction process and laws 2025. Keeping accurate records and following legal timelines helps prevent disputes and protects property management interests.
Handling Tenant Property After Eviction
After an eviction, property managers in South Dakota must follow specific rules when handling anything tenants leave behind. These rules cover how long to keep items and requirements about notice or liens.
What Should Property Managers Do With Abandoned Property?
When a tenant is removed or leaves property behind, property managers must secure and take care of anything left on the rental unit. If the total value of the property is less than $100, there are simpler rules, but for most situations, the landlord must store everything left behind safely.
Managers cannot just throw away the items immediately. Instead, they often have a lien on the property, which covers their costs for storing and handling these items. If the items are valued at more than $500, property managers may need a court’s permission before getting rid of them. It is important to keep detailed records and follow any local legal steps. More details are available for the eviction process in South Dakota.
How Long Must Property Be Stored In South Dakota?
State law requires that any belongings left after an eviction must be stored for at least 30 days. Property managers are responsible for storing the items during this period, allowing the tenant a chance to reclaim them. There is also often a legal notice period before action can be taken.
If the tenant does not collect their property within thirty days, the property manager can dispose of it, following legal steps. For high-value items, such as those over $500, special rules apply. Property managers should review the full guidelines on abandoned tenant property in South Dakota to ensure all actions taken are legal and documented.
Costs And Fees In The South Dakota Eviction Process
Property managers in South Dakota face several direct and required costs during the eviction process. These expenses include court filing fees and, in some cases, attorney fees. Requirements are strict for each step, and failing to follow them can increase total costs.
What Are The Typical Eviction Filing Fees?
The average court filing fee for eviction in South Dakota is about $220. This fee is mandatory and must be paid to the court to begin the official process.
Once paperwork is filed, property managers must serve the eviction notice. The service fee for the sheriff’s office is often about $65 per step, based on Minnehaha County’s eviction process. If multiple attempts or forms are needed, additional fees apply.
If the eviction is due to nonpayment of rent or the tenant failing to return a security deposit, these fees still apply. Delays or errors can mean new filing or service fees, increasing overall costs.
Can Managers Recover Attorney Fees And Damages?
Property managers may seek to recover attorney fees from the tenant, depending on the circumstances. South Dakota law caps reimbursement for attorney fees at $500, even if actual legal costs are higher.
Other recoverable costs can include court filing fees and service fees. If a tenant loses the case, the judge may order them to cover these expenses.
Direct damages like unpaid rent or deductions from a security deposit due to property damage can also be added. Penalties for violating legal procedure, such as attempting a self-help eviction, may result in the manager having to pay the tenant's fees and court costs. For further details on how these fees work, review South Dakota eviction laws.
Tips For Property Managers To Prevent Eviction Issues
Property managers can prevent eviction problems by taking action at the start of each lease and by setting clear expectations with tenants. Key steps include tenant screening and using strong clauses in lease agreements.
How Can Screening Tenants Reduce Eviction Risk?
Thorough screening helps lower the chance of problems later. Property managers should look at a tenant’s credit history, rental record, employment status, and any record of past evictions. Careful checks make it easier to spot risky tenants before moving forward.
It is smart to use a consistent application process for every applicant. This keeps things fair and legal. Setting clear standards for income and rental history helps filter out high-risk tenants.
Property managers should also contact previous landlords to ask about on-time payments and property care. Verifying employment and steady income can help managers avoid tenants who might have trouble paying rent. Well-done screening saves time and legal trouble, making eviction less likely. More steps to improve this process are found in South Dakota eviction laws.
What Lease Clauses Help Avoid Eviction Situations?
A detailed lease agreement makes rules clear for both parties. Managers should use written leases that explain payment terms, late fees, and rules for repairs or maintenance requests. A solid lease reduces the chance for confusion or disputes later.
Specify who handles repairs, how to report maintenance issues, and when rent is due. Take time to explain rules about property use, subleasing, and guest stays. Outline what happens if rules are broken.
Spell out the eviction process and any fees for breaking rules. Including these details in the lease agreement provides better legal protection and helps property managers handle issues before they require eviction. For more guidance, see the eviction process in South Dakota.
Frequently Asked Questions
South Dakota eviction processes are defined by state laws that set specific notice requirements, timelines, and legal standards. Property managers should be aware of notice types, tenant protections, and any unique local procedures.
What are the steps involved in the eviction process in South Dakota?
The first step is to serve the correct eviction notice, such as a 3-day, 5-day, 7-day, or 30-day notice, depending on the violation. If the tenant does not comply, the landlord files a court action for possession.
After the court date, if the landlord is successful, the sheriff may be asked to remove the tenant. Each of these steps has a required fee and timeline. Details can be found on the Minnehaha County eviction process page.
How long does a landlord have to give notice before eviction proceedings begin in South Dakota?
For most non-payment of rent cases, a 3-day notice is typical. Some lease violations or situations require a 7-day or 30-day notice. The length of notice must follow state law and depends on the specific reason for eviction.
Review the South Dakota eviction process requirements in 2025 for a full breakdown.
What rights do tenants have during the eviction process in South Dakota?
Tenants have the right to receive a written eviction notice before any court action. They may contest the eviction during the court hearing, present defenses, and remain until the court officially orders their removal.
South Dakota landlord tenant law requires strict adherence to these procedures without self-help or lockouts by the landlord.
Are there specific conditions under which a tenant can be evicted during winter months in South Dakota?
State laws do not prevent eviction filings during winter months. Eviction for non-payment, lease violations, or holding over after lease expiration can proceed any time of year.
No special protections apply in winter based solely on the season.
How does Pennington County handle the eviction process differently, if at all?
Pennington County requires a Five-Day Notice to Vacate, which is slightly different from the three-day notice used in some other counties. The notice must list all tenants and state the reason for eviction.
Further county-specific procedures are detailed on the Pennington County evictions page.
What constitutes a legal eviction notice in South Dakota?
A legal eviction notice must be written, state the reason for eviction, and specify the date by which the tenant must vacate or cure the issue. The notice must be delivered to all adult tenants according to legal standards, such as personal delivery or posting.
For official forms, view eviction forms and instructions from South Dakota UJS.
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