South Dakota: Eviction Notice Requirements

Requirements one by one

Governing law

South Dakota splits its rules across two titles and — unlike most states — sets
very few pre-suit written-notice requirements. The eviction lawsuit itself,
called "forcible entry and detainer," is in SDCL chapter 21-16, and the grounds
that make such an action "maintainable" are listed in § 21-16-1. The notice to
end a periodic (month-to-month) tenancy comes from the general lease statutes in
Title 43, chapter 43-32 (§§ 43-32-13 and 43-32-15), and a landlord's power to end
a fixed-term lease early for misuse is § 43-32-18. South Dakota did not adopt the
Uniform Residential Landlord and Tenant Act, so many of the notice steps other
states codify are simply absent here.

Notice for unpaid rent

This is South Dakota's biggest departure from the norm: there is no statutory
pay-or-quit notice. A forcible-detainer action is "maintainable" when a tenant
"fails to pay his rent for three days after the same shall be due"
(§ 21-16-1(4)). The three days runs as a waiting period from the due date — not
as a notice you must be handed — and the statute gives no right to reinstate by
paying. South Dakota did once have a standalone three-day notice-to-quit section,
§ 21-16-2, but the Legislature repealed it in 2024 (SL 2024, ch 75). In practice,
a lease may still require a demand and most landlords send one, but the Code no
longer prescribes a statutory nonpayment notice or cure period.

Lease violations and serious conduct

Non-rent problems are handled the same sparse way — no fixed cure window in the
statute. A landlord "may terminate a lease and reclaim the premises before the
end of the agreed term" when the tenant "uses or permits a use of the premises in
a manner contrary to the lease agreement," or fails to make required repairs
within a reasonable time after a request (§ 43-32-18). Separately, a
forcible-detainer action lies if the tenant "commits waste upon the leased
premises, or does or fails to perform any act which, under the terms of the lease
operates to terminate the same" (§ 21-16-1(7)). Because neither section sets a
statutory cure period, whether a violation is fixable — and how much time the
tenant gets — is largely governed by the lease itself, not by state law.

Ending a month-to-month tenancy

For a no-fault end to a periodic tenancy, South Dakota uses a roughly 30-day /
one-month clock. A landlord may, "upon giving notice in writing at least thirty
days before the expiration of the month," change the terms of a month-to-month
lease (including to end it) effective at the end of the month (§ 43-32-13). And a
hiring "for a term not specified by the parties" renews automatically unless a
party gives notice "at least as long before the expiration thereof as the term of
the hiring itself, not exceeding one month" (§ 43-32-15) — so for a
month-to-month tenancy, one month's notice. Notably, a tenant who receives a
modification notice may bail out earlier: they can terminate "effective the first
day of the next month" by giving notice within 15 days of receiving the
modification (§ 43-32-13).

How the notice must be served

The Code says the periodic-tenancy notice must be "in writing" (§ 43-32-13) but
does not prescribe a single mandatory delivery method or required content for the
pre-suit notice — another place where South Dakota leaves to the lease and to
general practice what other states spell out. (How the later court summons in the
forcible-detainer action must be served is a separate matter, governed by chapter
21-16.)

Tenant's protections and defenses

South Dakota gives tenants fewer statutory shields than most states: there is no
statutory pay-to-cure right for unpaid rent, and no anti-retaliation statute at
all, so a tenant facing eviction generally relies on the terms of the lease and
on forcing the landlord to use the court process. The one strong statutory
protection is against self-help. If a landlord "unlawfully removes or excludes
the tenant from the premises" or "willfully diminishes services... by
interrupting or causing the interruption of electric, gas, water, or other
essential service," the tenant may sue for an injunction, recover possession, or
terminate and recover "damages in an amount equal to two months rent" plus return
of any advance rent and deposit (§ 43-32-6).

What trips people up

"Three days" is not a notice — it's a filing trigger. After the 2024 repeal
of § 21-16-2, South Dakota no longer requires a written three-day pay-or-quit
notice for nonpayment. Section 21-16-1(4) just says the eviction action becomes
"maintainable" once rent is three days late. Check your lease, because a demand
may still be required by contract even though the statute no longer mandates one.

There's no statutory grace to "cure and stay." Unlike states that let you pay
the back rent or fix a violation within a set window to save the tenancy, South
Dakota's Code sets no such cure right. Whatever cure chance you get for a lease
violation comes from your lease, not the statute.

No statewide just cause — and no retaliation statute. A landlord can end a
month-to-month tenancy for any reason on 30 days' notice (§ 43-32-13), and South
Dakota has no statute making a retaliatory eviction a defense. That makes the
self-help protection in § 43-32-6 and the terms of your own lease especially
important.

Common questions

Do I get a written notice before I can be evicted for late rent? Not by
statute. Section 21-16-1(4) lets the landlord file a forcible-detainer action
once rent is three days past due, and the old written notice-to-quit section was
repealed in 2024. Your lease may still require a demand — read it.

Can I stop the eviction by paying what I owe? South Dakota law gives no
statutory right to reinstate by paying. Some landlords will accept payment and
drop the case, but nothing in the Code requires it, so get any agreement in
writing.

How much notice ends my month-to-month lease? At least 30 days (one month) in
writing before the end of the rental month (§§ 43-32-13, 43-32-15). No reason is
required, since South Dakota has no just-cause law.

Can my landlord lock me out or shut off the utilities? No. If a landlord
"unlawfully removes or excludes" you or cuts off electric, gas, water, or other
essential service, you can sue to get back in and recover "damages in an amount
equal to two months rent" plus your deposit and advance rent (§ 43-32-6). Only a
court can order an eviction.

Statutes and sources

• SDCL § 21-16-1 — grounds for a forcible-entry-and-detainer action; (4) rent three days past due; (7) waste or a lease-terminating act.
  https://sdlegislature.gov/Statutes/21-16-1 (accessed 2026-07-11)
• SDCL § 21-16-2 (repealed) — former standalone 3-day notice-to-quit, repealed by SL 2024, ch 75.
  https://sdlegislature.gov/Statutes/21-16-2 (accessed 2026-07-11)
• SDCL § 43-32-13 — 30-day written notice to modify or end a month-to-month lease; tenant's early-out on a modification.
  https://sdlegislature.gov/Statutes/43-32-13 (accessed 2026-07-11)
• SDCL § 43-32-15 — periodic tenancy renews unless notice is given at least one term (not exceeding one month) before expiration.
  https://sdlegislature.gov/Statutes/43-32-15 (accessed 2026-07-11)
• SDCL § 43-32-18 — landlord's mid-term termination for use contrary to the lease or failure to make required repairs; no statutory cure period.
  https://sdlegislature.gov/Statutes/43-32-18 (accessed 2026-07-11)
• SDCL § 43-32-6 — landlord's duty of quiet enjoyment; tenant's remedy for unlawful ouster or essential-service shutoff (two months' rent plus deposit).
  https://sdlegislature.gov/Statutes/43-32-6 (accessed 2026-07-11)