South Dakota Notice to Vacate: 2026 Landlord Rules & 3-Day Statute

It changed where the rule lives. The former standalone notice-to-quit section, SDCL 21-16-2, was repealed by SL 2024, ch 75, section 1. The three-day period for unpaid rent now survives only as the substantive ground inside SDCL 21-16-1(4), which makes a forcible entry and detainer action maintainable when a lessee "fails to pay his rent for three days after the same shall be due," rather than as a separate codified notice form. The statutory text does not specify how the three days are counted or whether a separate written demand is required, so a landlord should confirm the current procedure against the live statute and should not cite the repealed 21-16-2.

SDCL 43-32-13 lets a landlord modify the terms of a month-to-month lease, effective at the expiration of the month, on at least 30 days written notice before the expiration of the month. When served, that notice operates to establish the new terms as part of the lease if the tenant continues to hold the premises after the month, and the tenant may terminate effective the first day of the next month by giving notice within fifteen days of receiving the modification notice. For a hiring whose term is not specified by the parties, SDCL 43-32-15 requires notice of intent to terminate at least as long before expiration as the term of the hiring itself, not exceeding one month.

Under SDCL 21-16-6, the verified complaint is served with a summons by a sheriff, a constable of the county, or any person legally authorized to effect service under SDCL 15-6-4(c). Service requires a minimum of two attempts, each at least one week apart and both within thirty days. If service cannot be made on the second attempt, the summons may be posted in a conspicuous place on the property, delivered to a person residing there if one can be found, and also sent by first-class mail addressed to the tenant at the property. The statute specifies first-class mail rather than certified mail; service by publication is available under SDCL 21-16-6.1 in defined circumstances. The rules for substituted service are precise, so landlords should review the current text of SDCL 21-16-6 before proceeding.

The federal Servicemembers Civil Relief Act, 50 U.S.C. 3955, governs early termination of a residential lease by an active-duty servicemember. South Dakota has no state servicemember early-termination statute parallel to the SCRA; SDCL 43-32-19 and 43-32-19.1 cover early termination only for domestic abuse, unlawful sexual behavior, or stalking, not military orders, so the federal SCRA controls for military tenants. A landlord who receives an SCRA termination notice should verify the operative federal terms and the servicemember's orders before proceeding with a notice to vacate or eviction on the same tenancy.

South Dakota commences the eviction action by a verified complaint served with a summons under SDCL 21-16-6, which sets specific service mechanics: at least two attempts, each at least one week apart and both within thirty days, before the second-attempt posting-plus-first-class-mail substituted service can be used. A periodic-tenancy notice must also meet the 30-day month-to-month timing of SDCL 43-32-13 or the not-exceeding-one-month timing of SDCL 43-32-15. Because the proper period and service depend on the cause and the tenancy type, a landlord should confirm the notice content and the service steps against the current statutes before filing, since defects can require re-service and delay the case.

No. SDCL 43-32-18.1 provides that a residential lease may not include any term that authorizes eviction of a tenant who calls or seeks assistance from law enforcement or other emergency responders because of an alleged incident of domestic abuse, unlawful sexual behavior, or stalking. The same section states that nothing in Chapter 43-32 authorizes the eviction of a tenant solely because the tenant or a member of the tenant's household is the victim of alleged domestic abuse, unlawful sexual behavior, or stalking. South Dakota also has a limited, enumerated retaliation cause of action under SDCL 43-32-27 tied to specific tenant special events.

Yes. SDCL 43-32-31 provides that a person who leases real property to the owner of a mobile or manufactured home must, if the property is developed for an alternate use, give no less than 90 days notice to vacate and remove the home. This is a South Dakota-specific long-notice overlay distinct from the ordinary 30-day month-to-month notice. The 90-day rule does not apply if the notice is based on a breach of the terms of the lease.