Three-Day Notice Guidelines for Landlords in South Dakota

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.

  • Thursday, September 15, 2016

  General   Legal   South Dakota   Eviction Guide   

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.

Three-Day Notice

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.

Eviction Lawsuit

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.

Keep reading us at VerticalRent as we explore all U.S. eviction laws.

DISCLAIMER:

VerticalRent® is not a law firm, and the employees of VerticalRent® are not acting as your attorney.Our free eviction notice service is not a substitute for the sound advice of a local attorney, whom is familiar with your local laws and regulations.VerticalRent® cannot provide you with legal advice, nor are we permitted to engage in the practice of law.Therefore, we are prohibited from providing you with any sort of advice, opinion, explanation, or recommendation about your possible legal rights – which may include remedies, options, defenses, or the selection of landlord forms available on the VerticalRent platform.

Our platform is designed to provide landlords and property managers with an education portal to share ideas, connect with one another, screen applicants, collect rent online, advertise vacancies, and generate free landlord forms.To that extent, our blog and community often publishes general information on legal issues commonly encountered by landlords – such as evicting tenants.

Although VerticalRent takes every reasonably effort possible to ensure the accuracy of its consumer reports and landlord forms, we do not guarantee or warrant the information to be correct, complete, or up - to - date.The law changes rapidly in across the United States, from jurisdiction to jurisdiction.

Finally, it should be noted that VerticalRent is not responsible for any loss, injury, claim, damage, or liability related to the use of our landlord forms or consumer reports generated from this platform.


comments powered by Disqus
Get Started For Free!     Have some questions? Check out our FAQs.