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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.
South Dakota Eviction Process Timeline Notice Received by TenantsAverage TimelineIssuing an Official Notice3 days-30 daysIssuing and Serving of Summons and Complaint30 daysTenant Files a Written Answer4-30 daysCourt Hearing and Judgment2 days2 more rows ?
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.
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.