📅 2026 Update: Eviction Procedures and Protections in South Dakota

Since the original article was published, there have been significant updates to eviction laws in South Dakota. These changes affect how landlords and tenants navigate eviction processes, including new protections for tenants and updated procedures. The earlier article continues further down the page for readers interested in the complete process.

🏠 Eviction Procedures Update

As of July 1, 2024, South Dakota made changes to its eviction procedures under Chapter 57A-9. This amendment impacts how landlords can handle transactions, liens, and other interests in property. It's essential for landlords and tenants to understand these updates to ensure compliance with the law.

😟 Eviction for False Claims of Disability

In 2018, legislation allowed landlords to evict tenants who make false claims about needing a service or assistance animal. This law aims to protect landlords from misuse of service animal claims. Tenants may face damages up to $1,000 if they knowingly misrepresent their need for such animals.

🛡️ Eviction Protections for Domestic Abuse Victims

In 2020, South Dakota established protections for tenants who are victims of domestic abuse. Landlords cannot include lease terms that allow eviction for seeking help from law enforcement or emergency responders. This change provides crucial support for individuals in vulnerable situations.

📅 Notice Period and Tenant Responses

Landlords must provide a three-day notice to vacate before starting eviction proceedings. After receiving a Summons and Complaint, tenants have four days to file a written answer. These deadlines are critical for both parties to understand their rights and responsibilities.

📌 Key Updates Summary

  • 🏠 Eviction procedures were updated as of July 1, 2024.
  • 😟 Tenants can be evicted for false claims about service animals.
  • 🛡️ Victims of domestic abuse have eviction protections.
  • 📅 Landlords must give a three-day notice to vacate.
  • 📅 Tenants have four days to respond to eviction notices.

💡 Tips for Navigating Eviction in South Dakota

Review the details of your specific situation with your attorney to ensure you understand your rights and options.

📜 Understand Your Rights as a Tenant

Tenants should be aware of their rights under South Dakota law. This includes protections against retaliatory evictions and the right to contest an eviction in court.

🏘️ Keep Records of Communication

It's crucial to maintain records of all communications with your landlord. This documentation can be helpful in case of disputes or legal proceedings.

📑 Use Proper Eviction Forms

Make sure to use the correct eviction forms provided by the South Dakota Unified Judicial System. The "Judgment for Eviction" form (UJS-138) was last revised in July 2026, so using the most current version is important.

📅 Know the Eviction Timeline

Understanding the eviction timeline can help you prepare. After filing, expect a hearing to be scheduled promptly, but be aware that timelines can vary based on the court's schedule.

🆘 Seek Legal Assistance if Needed

If you are facing eviction or are unsure of your rights, consider reaching out to legal aid organizations. They can provide guidance and support throughout the eviction process.

📞 Contact Consumer Protection

The South Dakota Division of Consumer Protection can offer information on landlord-tenant laws. They can be a valuable resource for both landlords and tenants needing assistance.

❓ Frequently Asked Questions

📋 What should I do if I receive an eviction notice?

If you receive an eviction notice, review it carefully. Make sure to understand the reasons for the eviction and the timeline for your response.

🏠 Can I fight an eviction in court?

Yes, tenants have the right to contest an eviction in court. After being served with a Summons and Complaint, you have four days to file a written answer.

🔒 What are my protections against retaliatory eviction?

South Dakota law prohibits landlords from evicting tenants in retaliation for complaints about repairs or contacting governmental agencies. This protection is crucial for tenant rights.

💔 What if I am a victim of domestic abuse?

If you are a victim of domestic abuse, South Dakota law protects you from eviction if you seek assistance from law enforcement or emergency responders. Be sure to document your situation.

🐾 What happens if I misrepresent a service animal?

If a tenant knowingly makes false claims about a service or assistance animal, they can be evicted and may face damages up to $1,000. It's important to understand the consequences of such claims.

🏛️ How long does the eviction process take?

The eviction process timeline can vary based on court schedules and specific case circumstances. After filing, hearings are typically scheduled promptly.

⚖️ Recent Cases Related to Eviction in South Dakota

Recent court rulings have clarified various aspects of eviction law in South Dakota. These rulings help shape how landlords and tenants navigate the eviction process.

For more recent rulings, visit the news section for recent updates on eviction cases.

End of October 2026 Update





Introduction

Evicting a tenant in South Dakota isn’t a simple task. As a landlord, you need to follow certain steps and procedures to remove a tenant from your property legally. In this article, we’ll discuss the process of how to evict a tenant in South Dakota from start to finish, including the necessary steps and procedures for a peaceful resolution.

Understanding South Dakota Eviction Laws

South Dakota eviction laws are included in statute Title 21, which outlines the legal rights and responsibilities of both landlords and tenants. As a landlord, it’s essential to understand these laws fully before attempting to evict a tenant. The first step to a successful eviction process is to communicate with the tenant regarding the problem that concerns you.

How to Evict a Tenant in South Dakota

The communication may resolve the issue without needing to go through the eviction procedure. Misunderstandings may occur between landlords and tenants but, in many cases, can be resolved without resorting to court. If the communication doesn’t work out and the tenant doesn’t rectify the problem, eviction can become a necessary step in resolving the situation.

📝 See Also

Grounds for Eviction in South Dakota

There are a few different reasons a landlord may opt for eviction. Here are some of the most common grounds for termination of a lease and eviction in South Dakota.

Non-Payment of rent: When the tenant hasn’t paid rent after the specified grace period, the landlord may opt for termination of the lease and eviction.

Violation of lease terms: If the tenant breaks the rules of the lease such as having pets when it is a no-pet lease, the landlord may choose to terminate the lease and evict the tenant.

Illegal activity: If the tenant gets found operating an illegal activity on the rental property, the landlord can legally terminate the lease and evict the tenant.

End of a lease: The landlord can rightfully choose not to renew a lease agreement after it expires.

How to Serve an Eviction Notice

Before taking any steps towards eviction, ensure that you are well prepared by following the right procedures. Serving an eviction notice is a legal requirement in South Dakota. The notice must be in writing and ask the tenant to remedy the violation. If the tenant fails to obey, the notice may state the eviction process clearly.

There are two types of eviction notices that South Dakota law recognizes – the pay or quit notice and the cure or quit notice.

Pay or Quit Notices

The pay or quit notice is issued when the tenant has failed to pay rent. The notice must clearly state the following:

How much rent the tenant owes.

The date that the payment was due.

The date that the payment must be made by to avoid eviction.

The consequences of not making the payment.

Cure or Quit Notices

The cure or quit notice is the notice a landlord serves on a tenant when they have violated any clause in the lease agreement. This type of notice works for issues that aren’t related to rent payment. The notice must clearly state:

The nature of the violation, such as owning pets when it’s prohibited by the lease.

The timeframe given to the tenant to cure or fix the problem.

The consequences of not remedying the violation during the given period.

The document should also outline possible civil charges that can be pursued when the tenant fails to take care of the violation as directed.

How to File for Eviction in South Dakota

If the tenant doesn’t comply or doesn’t make payment in response to the issued notice, the landlord can begin with eviction proceedings. The landlord must begin by filing a complaint in court and explaining the grounds for eviction.

A court date is created, and after presenting the possible evidence produced, the judge will determine whether to pursue the eviction or not. The judge will also decide the amount of monetary compensation that the landlord can ask for when the eviction process is complete.

The judge must approve the eviction filing, and the landlord may not enforce the eviction before the legal time frame has passed, and the court issues an order.

How to Move Forward With an Eviction if it is Approved

If approved, there are a few different steps you must take as a landlord before you can legally remove the tenant from the property.

Provide Notice of Eviction Date

After getting the order for eviction, the landlord must give the tenant a final written notice about when the eviction will occur. The notice must include:

The date when the final eviction is planned.

The timeline within which the tenant should evacuate the property.

A reminder that the tenant may be held responsible for additional expenses, fees, and penalties that arise after the eviction occurs.

The notice should be posted on the rental property, addressed to the tenant, or given directly to the tenant by the landlord.

The landlord should include in the eviction notice the belongings that the tenant has failed to collect. Personal property is prone to theft, damage, or disposal, so it’s important to establish an accurate inventory with the tenant’s knowledge.

Get Help From the Sheriff’s Department

The landlord should contact the local Sheriff’s department to inform them of the eviction date arranged due to court order. The sheriff’s department is responsible for removing the tenant and their possessions from the rental property at the scheduled time.

After the tenant has left the premises, the landlord should be present for a final inspection to assess the condition of the rental property. The landlord should check for damages as well as compare the condition with the move-in inspection form. It is also crucial that the landlord confirms that the tenant has taken all their possessions with them.

Conclusion

Eviction is a challenging process for both landlords and tenants. However, by following the right procedures, landlords can ensure a successful eviction, emphasizing communication and transparency.

If you are a landlord in South Dakota who is considering eviction, make sure that you understand the eviction laws and follow the procedures to avoid legal troubles. In most cases, working with the tenant to remedy the problem will be the most straightforward and the quickest resolution to the problem. But in cases where the tenant does not comply, appropriately filing for eviction is a legal remedy available to landlords.

Ultimately, the key to a successful eviction is to stay calm, follow the correct steps, and communicate clearly with the tenant. With the right approach and mindset, a peaceful resolution can be reached, giving both parties a chance to move on from the situation.

How to Evict a Tenant in South Dakota

It is important that every landlord knows very carefully how to evict a tenant in South Dakota, since one simple violation of the process can undo the whole eviction and even result in a huge fine. Make sure that you maintain your rights to your own legal property by following these simple rules.

A step-by-step guide showing how to evict a tenant in South Dakota:

1.  Ascertain that the tenant is in violation of the rental agreement. For most landlords, this means that the tenant hasn’t been paying their rent on time. Yet landlords who know how to evict a tenant in South Dakota from experience can tell you that there are many reasons that eviction may be necessary, like the tenant disregarding local law. If the rental agreement no longer applies but the tenant has continued to rent on a month-to-month basis, the landlord may desire to evict their tenant in order to repurpose the property. Obviously, mutually agreed-upon terms and friendly negotiation should be sought in such a circumstance and not eviction.

2. Notice must be given to the tenant. At minimum, three days notice must be given before further action is taken.

3. File a lawsuit. This step should only taken if the tenant has not taken any steps to move their property out of the premises. If this is the case, the next document a landlord who knows how to evict a tenant in South Dakota will obtain is called a Forcible Entry and Detainer form, which will be turned into the court, requesting eviction.

4. Serve the tenant with the lawsuit. Note that if you want to successfully show how to evict a tenant in South Dakota, you will have to serve them with the actual papers. A phone call will not work. You can, however, hire an official called a process server to perform this step for you.

5. Tenant has four days to answer. The next step depends entirely on whether the tenant does, in fact, file an answer. If not, then they will be given a court order requiring them to move.

6. A hearing occurs. Note that this only occurs if the tenant files an answer to your Forcible Entry and Detainer form. At the hearing, the landlord will need to present their reasons for eviction and show that they’ve thus far accurately followed the rules for how to evict a tenant in South Dakota.

There are a few major mistakes which landlords make that are most definitely not how to evict a tenant in South Dakota. For instance, we are all familiar with the image of a tenant who is locked out of their apartment because the locks have been changed. However, a landlord never has the right to just lock a tenant out of their property, or to shut off essential utilities such as electricity, gas or water. If a landlord does so, their action is illegal, and the tenant may sever the rental agreement automatically.