Non-payment of rent is the most common cause for eviction in South Dakota. However, there are regulations a landlord must follow for an eviction to be legal and valid. Here's a quick guide to South Dakota evictions.
If a tenant has failed to pay rent for three days after the original due date, the landlord may issue the tenant a three-day notice to quit. This notice must include the date of the notice's serving on the tenant(s), the name(s) and address of the tenant(s), a statement that the tenant(s) must vacate the rental property within three days or the landlord will begin an eviction lawsuit, and a certificate of service specifying the notice's method of delivery to the tenant(s).
To deliver the three-day notice, the landlord must first attempt to directly hand the notice to the tenant(s). If the tenant is not available, the landlord must attempt the personal delivery again at least six hours after the first attempt. In cases where the tenant cannot be handed the notice directly, the landlord must post the notice in a highly visible place, such as taped to the front door. The notice should also be mailed to the tenant(s) through first-class mail.
If the tenant fails to vacate the rental property by the end of the three-day period defined by the notice to quit, the landlord may proceed with an eviction lawsuit. The landlord starts the eviction lawsuit process by filing a summons and complaint with the circuit or magistrate court of the county in which the rental property is located. The court will designate a date and time for an eviction hearing before a judge and provide the tenant(s) with copies of the complaint and summons.
The judge will hear the sides of both the eviction case, from the landlord and the tenant. Afterwards, the judge will decide the outcome of the case. If the judge rules in the landlord's favor, an execution for possession is issued that allows for the removal of the tenant(s) by the sheriff.
Evicting the Tenant(s)
Regardless of the judge's decision, it is illegal for a landlord to forcibly remove a tenant from a rental property. The responsibility for evicting a tenant belongs to the sheriff, not the landlord.
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