Eviction Process In South Dakota

Evicting a tenant in South Dakota means following forcible entry and detainer (FED) action in Circuit Court or Magistrate Court exactly, start to finish. Skipping a step, whether it's the notice period, how the tenant is served, or the lockout procedure, can restart the clock or expose a management company to liability. This guide walks through each step with the statute or court rule behind it.

Everything below is sourced to South Dakota's own statutes and court self-help pages. Specific deadlines and dollar figures do change, so confirm the current text before you rely on a date in a live case.

Overview Of The Eviction Process

South Dakota residential evictions are forcible entry and detainer actions under SDCL Title 21, Chapter 16, heard in circuit or magistrate court.

• Any circuit court or magistrate court presided over by a magistrate judge has jurisdiction over forcible entry and detainer, or detainer only, of real property or an occupied structure within its county. (SDCL § 21-16-3)

Lawful Grounds For Eviction

Grounds include forcible entry/expulsion by force or threats, holdover after lease end, nonpayment of rent for three days, post-sale/post-judgment holdover, and lease-triggered waste or breach.

• An FED action is maintainable for forcible entry by force, intimidation, fraud or stealth; wrongful expulsion by force or threats; unlawful holding by force or menace; a lessee holding over after the lease ends or failing to pay rent for three days after it is due; certain post-sale or post-judgment holdover situations; and lease-triggered waste or breach. (SDCL § 21-16-1)

Notice Requirements

South Dakota repealed its separate statutory notice-to-quit requirement in 2024; a written summons/verified complaint now commences the action directly. Periodic-tenancy termination still requires written notice.

• A tenancy at will (no fixed term) for residential property may be terminated by the landlord giving notice to remove from the premises within a period of not less than 15 calendar days; a tenant on active military service (or whose immediate family member is) is entitled to two months' notice, with exceptions for disruptive/illegal conduct or sale of the property. (SDCL § 43-8-8)
• A hiring of real property for an unspecified term renews automatically unless a party gives notice to terminate at least as long before expiration as the term of the hiring itself, not exceeding one month (governs week-to-week and similar short periodic tenancies). (SDCL § 43-32-15)

Filing The Case

The landlord files a verified, written complaint, which is served together with a summons; the South Dakota Unified Judicial System publishes standard eviction forms.

• The complaint must be in writing, verified by the plaintiff or the plaintiff's agent (or signed by the plaintiff's attorney), and served together with a summons. (SDCL § 21-16-6)
• The Unified Judicial System publishes standard landlord forms for eviction actions, including UJS-109 (Checklist for an Eviction Action), UJS-111 (Summons for Eviction), and UJS-112 (Verified Complaint for Eviction). (UJS Forms UJS-109, UJS-111, UJS-112)

Serving The Tenant

A sheriff, person authorized under the general service statute, or constable must attempt personal service; after failed attempts, posting plus first-class mail is permitted.

• A sheriff, any person legally authorized to effect service under § 15-6-4(c), or a constable of the county must attempt to serve the lessee, subtenant, or party in possession, with a minimum of two service attempts before alternative service. (SDCL § 21-16-6)
• After a failed first attempt, the summons may be posted in a conspicuous place on the property and delivered to a resident there if found, and also sent by first-class mail. (SDCL § 21-16-6)

The Tenant's Response

The defendant has 5 days from service (or 30 days after publication) to appear and plead, following a 2024 amendment that extended the response window from 4 to 5 days.

• The defendant has five days from the time of personal service, or 30 days after publication of service, whichever applies, to appear and plead. (SDCL § 21-16-7)
• Continuances of the case may not exceed 14 days unless the defendant provides a court-approved surety undertaking covering accrued rent and costs. (SDCL § 21-16-7)

Hearing And Judgment

Judgment for the plaintiff awards delivery of possession plus rents/profits, damages, and costs as pleaded.

• A judgment for the plaintiff entitles the plaintiff to delivery of possession, recovery of rents and profits or damages, enhanced damages if pleaded and authorized, and costs. (SDCL § 21-16-10)

The Writ And Lockout

The writ (execution) for possession may only be served during daytime hours; removal is carried out by law enforcement, not the landlord.

• No execution for possession may be served except in the daytime. (SDCL § 21-16-12)

Prohibited Practices

Self-help removal or exclusion of a tenant, or deliberate cutoff of essential services, is unlawful; the tenant may sue for injunctive relief, recover possession, or terminate the lease, plus damages equal to two months' rent.

• If a residential landlord unlawfully removes or excludes a tenant, or deliberately cuts essential services (electricity, gas, water, etc.), the tenant may sue for injunctive relief, recover possession by suit, or terminate the rental agreement, and recover damages equal to two months' rent plus return of any advance rent and deposit paid. (SDCL § 43-32-6)

Recent Changes Worth Tracking

• Effective July 1, 2024, South Dakota repealed the separate statutory 'Notice to Quit' requirement (former SDCL 21-16-2) before filing an FED action, and amended SDCL 21-16-7 to extend the defendant's time to appear and plead from four days to five days after service. (S.D. SB 90 (2024), amending SDCL ch. 21-16)

Eviction is the last step in a relationship that's already gone wrong. See our guide to South Dakota property management laws and regulations for the licensing, disclosure, and trust-account rules that apply before it gets to this point.

Doing It By The Book

Self-help evictions, changing locks, removing doors, shutting off utilities, are illegal in every state and expose a management company to real liability regardless of how clear the nonpayment is. The court process exists because it's the only lawful way to remove a tenant, and skipping a step (a defective notice, bad service) is the single most common reason a case gets dismissed and restarted from day one.

This guide is a starting point for professional managers, not legal advice. For a specific case, a contested filing, or anything unusual, work with a South Dakota attorney, and confirm the current text of any rule cited above with Circuit Court or Magistrate Court or the South Dakota legislature.

Sources

Every fact above is drawn from one of the official sources below.

• SDCL § 21-16-3, South Dakota Legislature (Codified Laws)
• SDCL § 43-8-8, South Dakota Legislature (Codified Laws)
• SDCL § 43-32-15, South Dakota Legislature (Codified Laws)
• UJS Forms UJS-109, UJS-111, UJS-112, South Dakota Unified Judicial System (ujs.sd.gov)
• SDCL § 21-16-7, South Dakota Legislature (Codified Laws)
• SDCL § 21-16-10, South Dakota Legislature (Codified Laws)
• SDCL § 21-16-12, South Dakota Legislature (Codified Laws)
• SDCL § 43-32-6, South Dakota Legislature (Codified Laws)