If you’re currently a property owner or manager in South Dakota, you’ll already know that it can be an incredibly demanding role. Whether you’re managing a commercial property or any of the roughly 32% of residential homes in South Dakota that are renter-occupied, the challenges can be tough - especially when eviction becomes necessary.
However, while going through South Dakota’s eviction process might seem like a daunting prospect at first glance - especially when you think of all the property management fees involved - it doesn’t have to be. You see when you’re equipped with a firm grasp of landlord tenant law in the Mount Rushmore state, you’re much more able to take the whole thing in your stride.
So, with this in mind, this article looks in detail at South Dakota eviction laws, so that you know precisely what’s expected of you, how long things take and more.
What Are The Legal Grounds For Evicting A Tenant In South Dakota?
The first things you need to be aware of are the reasons why you might need to remove tenants from your rental property in the first place. This is such important information because landlords in South Dakota can only evict tenants for valid reasons - do otherwise and you can end up being hit by long delays, fines and even legal action. So, let’s take a look at what legal grounds look like.
- Reason #1 - Late Rent - One of the most prevalent reasons for an eviction notice being served is when the tenant fails to pay their rent on time (i.e. on the date stipulated in the lease agreement). When this happens, your next step is to provide a three-day written notice to either pay or leave the premises and if having done so, the tenant doesn’t comply, you can file an eviction lawsuit.
- Reason #2 - Lease Violations - What we’re talking about here are infringements of the lease agreement, with the most common being excessive noise, keeping unauthorized pets and illegal subletting. Unlike North Dakota (which requires landlords to provide a 3-day notice to fix lease violations), South Dakota state law gives tenants a ‘reasonable timeframe’ to rectify the issue, which is usually outlined in the lease.
- Reason #3 - Excessive Property Damage - A certain amount of wear and tear on your rental property is to be expected, however, there is a limit. As such if a South Dakota tenant damages your rental unit beyond ‘normal’ wear and tear, an immediate notice to vacate can be issued - without the occupant being given a chance to make things right.
- Reason #4 - Illegal Activity - Another serious issue that constitutes legal grounds for an immediate eviction notice is illegal activity without the opportunity to rectify the situation. What we mean by this are things like drug-taking or violence, which require more rapid measures to be taken in order to protect the property itself, as well as other residents.
- Reason #5 - An Expired or Terminated Lease - If a tenant’s lease is not renewed in South Dakota, a landlord can ask them to leave with a reason being provided. All that is required is for a 30-day written notice to be given, after which the rental property must be vacated.
Pro Tip: Before you file for eviction, it’s important to document all lease violations, payment history, and communication you’ve had with your tenants. Having your ducks in a row in terms of documentation often makes the eviction process go more smoothly.
Related: Wyoming Evictions | Laws and Protections
How Does A Landlord File An Eviction Lawsuit In South Dakota?
Ok, so now that we know WHY the eviction process might start in South Dakota, we switch to looking at HOW you commence eviction proceedings as a landlord. It all starts with what’s referred to as the eviction lawsuit, which you’ll be filing after the notice period mentioned previously has expired.
Also known in South Dakota as a Forcible Entry and Detainer (FED) action, it’s the next step on the road to reclaiming your rental unit. It’s a vital phase that you must get right because if you don’t, you could face fines, delays or worst of all, your eviction case being dismissed. As such, you should file your eviction lawsuit in the following way.
Step 1: Filing the Complaint
After discovering that your tenant has not complied with the eviction notice, your first move is to file an eviction complaint at your local circuit court. Once you’ve filed this document, the court will notify the tenant about the lawsuit, schedule a hearing and provide your tenants with an opportunity to respond before a final decision is made.
Step 2: Court Hearing & Judgment
You should find that the court hearing will take place within 7-14 days of you filing your lawsuit. It’s important to be well-prepared during your court appearance and have all the relevant documentation with you. It’s possible that your tenant won’t show up to the court hearing, as most don’t. If that occurs, then the judge will typically rule in your favor by default.
Step 3: Enforcing the Eviction Order
If the judge grants the eviction, they will then order the court to issue a Writ of Restitution, which is basically a legal order that allows the sheriff’s office to physically remove your tenant from the rental property in the event that they don’t leave of their own accord.
Under no circumstances should you become impatient with how fast the eviction process is going and resort to ‘self-help’ eviction tactics, such as changing the locks, or turning off their utilities. Whatever happens, it’s only law enforcement that can enforce the eviction.
Pro Tip: Evictions in South Dakota can be delayed by simple mistakes. By double-checking court filings, notice requirements, and paperwork, you’ll ensure the process moves as quickly as possible.
What Documents Are Required When Filing For Eviction In South Dakota?
As we mentioned earlier, success at housing court for landlords in South Dakota often rests upon being super prepared - which means having all the right documentation with you. The court will be looking for verifiable proof that South Dakota eviction laws have been followed to the letter and when there’s a gap in your paperwork, it can significantly prejudice your case.
As such, you should have the following in your possession:
- The Eviction Notice & Proof of Service – A legally valid 3-day, 30-day, or immediate notice, plus proof it was delivered (signed acknowledgment, certified mail receipt, or affidavit).
- The Lease Agreement – A copy of the signed lease outlining rental terms, tenant obligations, and landlord responsibilities.
- Rent Payment Records – It’s very important to bring details of payments made, which might include bank statements, invoices, or even a ledger proving unpaid rent.
- Evidence of Lease Violations (if applicable) – If the reason for the eviction is a lease violation, you need to bring evidence. This could include photos, emails, written complaints, or police reports supporting claims of damage, unauthorized occupants, or illegal activity.
It’s worth reiterating here that documentation can make or break your eviction lawsuit. If it supports your case, you have a great chance of winning, but if there are gaps in your evidence, you might not get the answer you were looking for.
Pro Tip: A judge’s decision is only as strong as the evidence presented. As such, having complete, well-organized documentation from the start eliminates unnecessary delays.
How Long Does The Eviction Process Take in South Dakota?
As they say, time is money and that certainly applies when it comes to South Dakota rental real estate. So, it’s important to know how long the whole eviction process will last. Well, we’d love to be able to give you a definitive answer that applies to all lawsuits of this kind, but there are just too many variables at play to do so. It all depends on a range of factors.
Generally speaking, an uncontested eviction can take as little as 2-4 weeks, however, it can take much longer. Let’s take a look at each stage of the process to get a better idea of what we mean.
Step 1: Serving the Eviction Notice (3–30 Days)
The first place in which there’s a variation in timescale is right at the start. The type of eviction you’re attempting to carry out will determine how long this initial period is and as we touched upon earlier, the notice period varies from 3 days (for unpaid rent), right up to 30 days (for month-to-month tenants).
Step 2: Filing an Eviction Lawsuit (2–7 Days)
It takes around 2-7 days for the court to process your eviction lawsuit case. During this period, court staff will take a look at your filing to ensure all the necessary documents are completed as required. Should there be any errors or missing paperwork, the court may reject the filing - hence the reason why checking and double-checking everything is important.
Step 3: Court Hearing & Judgment (7–14 Days)
Once your eviction lawsuit is processed, the court will typically schedule a hearing within 7–14 days, though could experience delays if your local housing courts have a backlog (which they often do). While the case will only take around 15-30 minutes if uncontested, it can drag out if a) the tenant presents their own evidence or b) the judge orders additional hearings (in complex cases).
Step 4: Tenant Removal (3-14 Days)
If your tenant refuses to leave your rental property voluntarily, even after a court ruling, you’ll need to request that the sheriff’s office enforce the eviction. Again, these are busy people, so availability is key. Usually, this will take between 3-14 days. In the event that the tenant appeals the Writ of Resolution, it can add weeks or even months to the process.
Pro Tip: If your tenant is unresponsive or likely to fight the eviction, you should prepare yourself for delays and start the process as early as legally possible to minimize rental income loss.
Related: Nebraska Evictions | Laws and Protections
For What Reasons Can Tenants Appeal an Eviction in South Dakota?
As we know, In South Dakota, tenant rights include the ability to make an appeal, however, just like for landlords, there must be a legal basis for their claim. In this section, we look at the reasons why you could face an appeal under South Dakota eviction laws.
- Improper Notice or Court Procedure Errors - If your tenant can prove that you failed to adhere to proper eviction notice procedures (such as serving the wrong type of notice or using incorrect tenant names on the paperwork) it can lead to an appeal.
- Retaliatory or Discriminatory Eviction - If the tenant can prove that they’re being evicted in retaliation for exercising their legal right to request repairs or report unsafe living conditions or because of their religious beliefs, race, gender or sexual orientation, this is grounds for appeal.
- Uninhabitable Living Conditions - Your tenant could also argue that the eviction is unjust due to basic habitability standards not being maintained and requests for repairs being ignored. This includes things like a lack of heat, plumbing or electricity. Again, this must be proven.
- Lease Violations (by the landlord) - Landlords can also violate lease agreements, by doing things like entering the property without proper notice. If this occurs, an appeal could be made by the tenant.
Pro Tip: When a tenant appeals, it doesn’t guarantee an eviction reversal, but it can delay the process for months. When you ensure you get your paperwork right and act fairly as a landlord, the chances of an appeal go down markedly.
What Can Landlords Do to Avoid Eviction in South Dakota?
As is the case with many things, prevention is always going to be better than a cure. As such, here are a few pre-emptive measures that you can take to ensure you’re less likely to become involved in South Dakota’s eviction process.
- Screen Your Tenants Carefully - By conducting thorough background checks on prospective tenants, you’re much more likely to get reliable people. These checks look at rental history, income verification and any past evictions they’ve been involved in.
- Document Everything - By keeping clear, well-organized documentation of lease agreements, payment history, and any tenant communications, you’ll be better placed to avoid misunderstandings and retrieve important paperwork more easily when you need it.
- Address Issues Early - If your tenant falls behind on rent, reach out to them quickly and explore payment plans before filing for eviction. In many cases, issues can be resolved through mediation or temporary agreements rather than expensive, time-consuming legal action.
- Keep the Property in Good Condition – It might seem obvious, but it’s often neglected. When you promptly handle maintenance requests, you’ll not only help to prevent evictions, but also make your tenants happier and develop a reputation as a conscientious landlord.
Pro Tip: Keeping a tenant ledger can help landlords track payment trends and provide crucial documentation if eviction ever becomes necessary.
Related: Iowa Eviction Laws Explained | Legal Guidelines
Answering FAQs About South Dakota Eviction Laws
We’ve tried as hard as we can to cover everything pertinent in this article, but it’s very difficult to talk about everything you need to know. As such, here are a few more commonly asked questions that you might want to know the answers to.
Q: Can a landlord evict a tenant without a lease in South Dakota?
A: Yes, but they must provide proper notice, which is usually 30 days for month-to-month tenants in South Dakota.
Q: Do landlords have to store a tenant’s belongings after an eviction?
A: Yes, SD codified law typically requires landlords to store abandoned tenant property for a certain period before disposing of it.
Q: Can a tenant stop an eviction by paying overdue rent?
A: In some cases, yes, before the eviction lawsuit is filed. However, once a court orders the eviction, payment may not be able to stop it.
Q: Are landlords required to accept partial rent payments in South Dakota?
A: No, South Dakota landlords are not legally required to accept partial rent payments, but they can choose to work out a payment plan if they wish.
Q: Can a landlord evict a tenant during winter?
A: Yes, evictions can happen in winter in South Dakota, but tenants cannot be immediately removed without going through the legal process.
TenantCloud - Allowing Landlords to Work Smarter, Not Harder
Ideally, there would never be a need to evict anyone. However, we don’t live in an ideal world, so the next best thing is to be fully prepared as a landlord. That means being up to speed with South Dakota eviction laws, so you know what to expect and when to expect it. Small details can make a big difference in the eviction process, so it’s vital to be on point with everything you do.
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So, if you like the idea of a way to work smarter, not harder as a landlord, we encourage you to take a look around our website where you’ll discover everything you need to know about what our software can do for you. Alternatively, to talk with a member of our team about your needs, call 1-737-300-9331 today.
