South Dakota · Eviction

How much notice do I get for unpaid rent in South Dakota?

The landlord can file to evict once rent is 3 days late.

Staying after the lease has ended is also a ground for eviction.

Why, and the exact law
From S.D. Codified Laws § 21-16-1, read Oct 6, 2026.
Show the law

“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 · sdlegislature.gov

Were you told to move out?

What reason did they give?

What reason did they give?

Who can help

  1. Get free legal helpLegal aid for tenants who got a notice.South Dakota Legal Aid
Every rule here, word for word (2)

This page covers state law only. Cities with their own rules have their own pages.

South Dakota lawIn force

South Dakota forcible entry and detainer grounds

How much notice do I get for unpaid rent?

The landlord can file to evict once rent is 3 days late.

Staying after the lease has ended is also a ground for eviction.

In force since
1992
The law, word for word

“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 · sdlegislature.gov · Retrieved Oct 6, 2026

South Dakota lawIn force

South Dakota termination notice for residential estate at will

Can my landlord make me move out?

No, just 15 days' written notice.

Active-military households get 2 months' notice, with some exceptions.

Who it covers

  • Exemptions: Two-month military notice does not apply for sustained disruptive/illegal/destructive/negligent conduct or material breach, or if the landlord sold the property or it passed to the landlord's estate.
In force since
2024
The law, word for word

“may be terminated by the landlord giving notice to the tenant in the manner prescribed by § 43-8-9 to remove from the premises within a period, specified in the notice, of not less than fifteen days …”

S.D. Codified Laws § 43-8-8 · sdlegislature.gov · Retrieved Oct 6, 2026

More about South Dakota

Rental law by cityWhat's changing in South Dakota

Information about the law, not legal advice.