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    South Dakota Eviction Notice Law

    Since July 1, 2024, South Dakota law requires no written notice to quit before an eviction for unpaid rent; a landlord may file a forcible entry and detainer action once rent is 3 days past due, unless the lease requires notice (SDCL § 21-16-1(4); SB 90 (2024) repealed § 21-16-2). No South Dakota statute sets a notice period for lease violations.

    Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed

    Not legal advice. A defective notice can restart an eviction case; ask a South Dakota attorney or court self-help center before serving one. See our disclaimer.

    South Dakota eviction notice rules at a glance

    Notice for unpaid rentNo state ruleSDCL § 21-16-1(4), SDCL § 21-16-2 (repealed), SB 90 (2024), enrolled, SL 2024 ch 75, SDCL § 2-14-16
    Notice for a lease violationNo state ruleSDCL § 43-32-18, SDCL § 21-16-1(7), SB 90 (2024), enrolled, SL 2024 ch 75
    Ending a month-to-month tenancy (no-fault)30 days (either side)SDCL § 43-32-15

    Notice for unpaid rent

    • In effect since .
    • Before : A 3-day written notice to quit was required before filing for nonpayment or holdover (former SDCL § 21-16-2).

    Notice for a lease violation

    • In effect since .

    What South Dakota law says

    What notice must a South Dakota landlord give before filing an eviction for unpaid rent?

    Since July 1, 2024, South Dakota law requires no written notice to quit before an eviction for unpaid rent; a landlord may file a forcible entry and detainer action once rent is 3 days past due, unless the lease requires notice (SDCL § 21-16-1(4); SB 90 (2024) repealed § 21-16-2).

    How much notice is required for a lease violation in South Dakota?

    South Dakota law sets no notice-to-cure or notice-to-quit period for lease violations; a landlord may end the lease for a use contrary to it and file a forcible entry and detainer action when the tenant's act ends the lease under its terms (SDCL §§ 43-32-18, 21-16-1(7)) (SDCL § 43-32-18).

    How much notice ends a month-to-month tenancy in South Dakota?

    A South Dakota month-to-month tenancy renews automatically unless either party gives notice at least one month before the period ends (SDCL § 43-32-15).

    Other South Dakota rules

    Security deposit limit1 month's rent (with exceptions)SDCL § 43-32-6.1
    Deposit return deadline21 days after the triggering eventSDCL § 43-32-24 (as amended by SL 2026, ch 179), 2026 S.D. Sess. Laws ch. 179 (SB 4), § 1, SDCL § 2-14-16 (acts without an effective-date clause take effect July 1)
    Late-fee capNo state capSDCL ch. 43-32 (no section limits late fees)
    Entry notice24 hours' noticeSDCL § 43-32-32
    Rent-increase notice30 days (Month-to-month only; notice must arrive at least 30 days before the end of the month, and the tenant may then terminate effective the first of the next month by giving notice within 15 days)SDCL § 43-32-13

    Read the South Dakota law

    Put the rent due date and notice terms in writing

    Create a South Dakota lease

    Related

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