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Tenants can use the South Dakota Tenant Notice to Vacate Form to inform landlords and property managers of their intention to vacate the rental property at least 30 days before they intend to move out, or longer if required by the terms of their South Dakota Lease Agreement.
A tenant must be given three (3) days notice to vacate before a Forcible Entry or Detainer action can be commenced by a landlord. If the tenant refuses to move after three (3) days, the landlord can then file a lawsuit (Forcible Entry and Detainer) for eviction.
Before they can start the eviction process, a landlord must give the tenant an official written 3-Day Notice to Quit. If the tenant fails to vacate the rental unit after the three-day notice, the landlord may continue filing for a Forcible Entry and Detainer action.
Subject to a fee, the sheriff's office or process server will serve the Notice to Quit and Vacate on the tenant(s) and provide you with an Affidavit of Service. The tenant(s) will have 3 days after service to vacate the premises. If the tenant(s) comply with the Notice to Quit and Vacate, no further action is needed.