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30-Day Lease Termination Landlords must give tenants 30 days' notice to move out if they're on a month-to-month lease in South Dakota.
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.
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.
The Eviction Legal Process A landlord provides an eviction notice to their tenant, giving them a number of days to pay rent, fix any damages, or otherwise remedy the problem that led to eviction. The landlord may then file an eviction lawsuit against the renter if that time period ends without a resolution.