South Dakota Eviction Notice for Unpaid Rent

What South Dakota law says

• The SD Consumer Protection page says eviction may follow a three-day notice if rent is unpaid for more than three days after it is due.
• Before a Forcible Entry and Detainer action, the tenant must be given three (3) days notice to vacate (SD Consumer Protection page).
• The court complaint instructions (UJS-112) say the summons and verified complaint must be served by sheriff or process server.
• The complaint must list the lease terms broken, such as unpaid rent amount and months, and be signed under penalty of perjury.

Steps for a landlord

• Confirm rent is unpaid for more than three days after the due date.
• Give the tenant written notice to vacate with a three-day deadline.
• If unpaid, file the verified complaint on the court's form.
• Have the sheriff or a process server serve the summons and complaint.

What to put in the notice

• The names of the tenants and the address of the rental
• The amount of rent owed and the rental period it covers
• The number of days the tenant has to pay or move out, and the date that period ends
• The date, how the notice was delivered, and who delivered it
• Your name and contact details, with your signature

Things to watch

• The pages we read do not say how the three days are counted, how the notice must be delivered, or cite the statute; check the statute or a local attorney.
• The court form does not state a pre-filing notice period itself.
• Cities and counties can add their own rules, including rent control and extra notice requirements. Check your local rules too.

About this page

We checked this page against the official sources listed below in November 2026. Where an official page did not say something, we say so. Laws change and courts read them differently, so confirm the current rule with the statute, the court or a local attorney before you act. This is general information, not legal advice.