South Dakota (SD) eviction guide
Quick answer
To evict a tenant in South Dakota, serve the correct written notice (as short as 3 days for nonpayment of rent), then file a Verified Complaint for Eviction in Circuit or Magistrate Court if the tenant does not comply. The court typically schedules a hearing within a few days of the tenant's answer, and the full process runs 3 to 8 weeks from notice to lockout in uncontested cases.
| Legal grounds | Nonpayment of rent, lease violation, holdover after lease end, illegal activity, property sale |
|---|---|
| Minimum notice | 3 days (nonpayment or illegal activity) |
| Where to file | Circuit Court or Magistrate Court (county where property is located) |
| Filing fee | About $70 to $100 (varies by county; total out-of-pocket typically about $220 including service) |
| Typical timeframe | 3 to 8 weeks (uncontested); up to 3 months if contested |
Used for nonpayment of rent or serious lease violations (including illegal activity); note that days under 11 count only judicial (court) days, not weekends or holidays.
Required to end a week-to-week tenancy without cause.
Required for other tenancies at will where no specific term applies.
Required to end a month-to-month tenancy without cause or to give notice of non-renewal.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve Written Notice | 3 to 30 days | Deliver the correct notice to the tenant in writing; the notice period must fully expire before filing. |
| 2. File Verified Complaint for Eviction | 1 to 3 days | File form UJS-112 (Verified Complaint for Eviction) and a Summons (UJS-111) at the county Circuit or Magistrate Court and pay the filing fee. |
| 3. Serve Tenant with Summons and Complaint | Up to 30 days (two attempts, at least 1 week apart) | The sheriff serves the tenant; if two personal-service attempts fail, posting and mailing is allowed as a fallback. |
| 4. Tenant Files Answer | 4 days after personal service (or up to 30 days if served by publication) | The tenant has 4 judicial days to file a written answer; if no answer is filed, the landlord may move for default judgment. |
| 5. Court Hearing | About 2 days after tenant's answer deadline | A judge hears both sides and issues a Judgment of Eviction and Damages (UJS-138) if the landlord prevails. |
| 6. Execution for Possession (Lockout) | A few hours to a few days after judgment | The landlord requests an Execution for Possession; the sheriff schedules a lockout, the landlord provides a locksmith, and the deputy oversees removal of the tenant. |
Filing an eviction in South Dakota costs roughly $70 to $100 in court filing fees, and the sheriff charges about $50 per service step, bringing typical all-in costs (filing, two service attempts, and lockout) to around $220 for a straightforward case. Contested cases or those requiring an attorney can push total costs to $500 or more.
After the judge signs the Judgment of Eviction, the landlord requests an Execution for Possession (also called a Writ of Possession) from the court clerk. The county sheriff, not the landlord, schedules and performs the physical lockout; the landlord must supply a locksmith and is responsible for securing the property afterward. Self-help eviction (changing locks, removing belongings, or shutting off utilities without a court order) is illegal in South Dakota and can expose the landlord to liability for two months' rent plus the tenant's attorney fees.
General information, not legal advice. Governing statute: SDCL Title 21, Chapter 21-16 (Forcible Entry and Detainer) and SDCL Title 43, Chapter 43-32 (Landlord and Tenant). Self-help eviction is illegal everywhere; always follow the court process.
South Dakota eviction FAQ
An uncontested eviction typically takes **3 to 8 weeks** from the date the notice is served to the physical lockout. If the tenant contests the case or requests a continuance (allowed up to 14 days), the process can stretch to **2 to 3 months**.
Expect to spend roughly **$220 out of pocket** for a basic eviction: about $70 to $100 in court filing fees plus approximately $50 per sheriff service step. Attorney fees, if you hire one, can add several hundred dollars or more.
No. South Dakota law requires a court judgment before any tenant can be physically removed. Changing locks, removing belongings, or shutting off utilities without a court order is illegal self-help eviction and can make the landlord liable for damages.
Yes, if you want to end the tenancy. You must serve a **30-day written notice** to terminate a month-to-month lease; you do not need to state a cause, but the notice must be proper and timely before you can file in court.
If the tenant refuses to vacate after the judgment, the landlord files for an **Execution for Possession** with the court clerk. The sheriff then schedules a supervised lockout, typically within a few hours to a few days, and the tenant's belongings may be removed from the property.
Revun screens tenants, automates rent reminders, and logs every notice, so fewer tenancies ever reach court.
