South Dakota eviction notice and late fee rules

Notice for unpaid rent

3 days — A forcible entry and detainer (eviction) action may be brought if a lessee fails to pay rent for three days after it is due, or holds over after the lease ends.

Ending a month-to-month tenancy

A hiring for an unspecified term renews at the end of the term implied by law unless a party gives notice of termination at least as long before expiration as the term itself, not exceeding one month.

Late-fee limit

No statutory cap found

Grace period before a late fee

None found in the statutes we read

Notice for unpaid rent

A forcible entry and detainer (eviction) action may be brought if a lessee fails to pay rent for three days after it is due, or holds over after the lease ends.

“If a lessee in person or by subtenants holds over after the termination of his lease or expiration of his term, or fails to pay his rent for three days after the same shall be due;”
S.D. Codified Laws § 21-16-1(4)

Recent changes to the law

Section 21-16-2 is shown as repealed; its source note cites SL 2024, ch 75, § 1.

“Source: JustC 1877, § 35; CL 1887, § 6074; RJustC 1903, § 45; RC 1919, § 2172; SDC 1939 & Supp 1960, § 37.3903; SL 1986, ch 173; SL 2024, ch 75, § 1.”
S.D. Codified Laws § 21-16-2

Notice for other lease violations

An eviction action may also be brought if a lessee commits waste or does or fails to do an act that, under the lease terms, terminates the lease.

“If a lessee 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.”
S.D. Codified Laws § 21-16-1(7)

Ending a month-to-month or other periodic tenancy

A hiring for an unspecified term renews at the end of the term implied by law unless a party gives notice of termination at least as long before expiration as the term itself, not exceeding one month.

“A hiring of real property for a term not specified by the parties is deemed to be renewed as stated in § 43-32-14 at the end of the term implied by law unless one of the parties gives notice to the other of his intention to terminate the same at least as long before the expiration thereof as the term of the hiring itself, not exceeding one month.”
S.D. Codified Laws § 43-32-15

In a month-to-month lease, the landlord may change lease terms by written notice at least thirty days before the end of the month; the tenant may then terminate effective the first of the next month by notice within fifteen days of receiving the modification notice.

“In all leases of lands or tenements or of any interest therein from month to month the landlord may, upon giving notice in writing at least thirty days before the expiration of the month, modify the terms of the lease to take effect at the expiration of the month.”
S.D. Codified Laws § 43-32-13

Retaliation

A residential lessee may sue for retaliation if, after a good-faith code complaint, a written repair notice under § 43-32-9, or joining a tenant union, the lessor raises rent above fair market value, cuts electric, gas, water, or sewer service, or gives a notice to vacate not based on a lease breach.

“A cause of action may arise in favor of a lessee and against a lessor of residential property, including a manufactured or mobile home community owner, for retaliation by the lessor against the lessee if the lessor increases rents above fair market value; if the lessor decreases electric, gas, water, or sewer services; or if the lessor gives the lessee notice to vacate the premises when such notice is not based upon a breach of the terms of the lease; subsequent to any of the following special events:”
S.D. Codified Laws § 43-32-27

It is a defense that the notice to vacate was given more than 180 days after the protected event; failing to renew a written lease is not retaliation.

“It shall be a defense to this cause of action that the notice to vacate the premises was given by the lessor more than one hundred eighty days after the occurrence of a special event. The failure of the lessor to renew any written lease prior to or upon its expiration, is not retaliation.”
S.D. Codified Laws § 43-32-27

A lessee subjected to retaliation is entitled to the remedies in § 43-32-6, and the court may award reasonable and customary attorney's fees.

“If the lessor acts in violation of § 43-32-27, the lessee is entitled to the remedies provided in § 43-32-6. The court may award the lessee reasonable and customary attorney's fees.”
S.D. Codified Laws § 43-32-28

A residential lease may not authorize eviction of a tenant who seeks help from law enforcement or emergency responders because of alleged domestic abuse, unlawful sexual behavior, or stalking.

“A lease governing residential property may not include any term that authorizes the eviction of a tenant who calls or otherwise seeks assistance from law enforcement or other emergency responders because of an alleged incident of domestic abuse, unlawful sexual behavior, or stalking.”
S.D. Codified Laws § 43-32-18.1

What the notice must say and how it is delivered

The verified complaint is served with a summons; at least two service attempts are required, at least one week apart and both within thirty days.

“A sheriff, any person legally authorized to effect service under § 15-6-4(c), or constable of the county shall attempt to serve a lessee, subtenant, or party in possession with a minimum of two service attempts. Each attempt shall be at least one week apart and both attempts shall be within thirty days.”
S.D. Codified Laws § 21-16-6

On the second attempt, the summons may be posted conspicuously on the property and delivered to a resident if one can be found, and also sent by first class mail to the tenant at the property.

“On the second service attempt, the summons may be posted in a conspicuous place on the property and delivered to a person there residing, if such person can be found, and also sent by first class mail addressed to the tenant at the place where the property is situated.”
S.D. Codified Laws § 21-16-6

Court deadlines and the eviction case

The defendant has five days from service (or thirty days after publication, whichever is sooner) to appear and plead. Continuances over fourteen days require the defendant to post an undertaking for accruing rent and costs.

“The time for appearance and pleading shall be five days from the time of service on the defendant or thirty days after the publication of service under § 21-16-6.1, whichever occurs sooner. No adjournment or continuance shall be made for more than fourteen days, unless the defendant applying therefor shall give an undertaking to the plaintiff with good and sufficient surety to be approved by the court, conditioned for the payment of the rent that may accrue, together with costs if judgment be rendered against the defendant.”
S.D. Codified Laws § 21-16-7

After issue is joined, the action may be brought on for trial on two days' notice.

“An action under this chapter may be brought on for trial upon two days' notice after issue is joined.”
S.D. Codified Laws § 21-16-8

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the South Dakota rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in South Dakota have to give for unpaid rent?

A forcible entry and detainer (eviction) action may be brought if a lessee fails to pay rent for three days after it is due, or holds over after the lease ends. (S.D. Codified Laws § 21-16-1(4)).

How much notice is needed to end a month-to-month tenancy in South Dakota?

A hiring for an unspecified term renews at the end of the term implied by law unless a party gives notice of termination at least as long before expiration as the term itself, not exceeding one month. (S.D. Codified Laws § 43-32-15).