South Dakota 3 Day Notice to Quit

Due to a violation, this notice states that the Tenant's right to possession of the Leased Premises will be terminated 3 days after this notice has been served.

Document Last Modified: 2/17/2020

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A South Dakota 3-Day Notice to Quit is issued by a landlord to a tenant who has failed to pay their rent or violated the lease. It is the first step in evicting a tenant.

Who: This form is completed by the landlord and given to the tenant when they are three or more days late with rent or because they have violated their lease. To begin the eviction process legally, a landlord will have to work with the courts to obtain a legal court order for the eviction. There are several legal reasons that a landlord may begin the process. They include non-payment of the rent or a violation of the rental agreement.

What: The South Dakota landlord may issue a South Dakota 3-Day Notice to Quit if the tenant has failed to pay their rent and is three or more days late, has damaged the property, if the lease has expired, or if they did something that would cancel the lease.

For example, many leases include clauses that say the lease is canceled if there are unauthorized people living on the premises or if the tenant commits criminal acts on the property.

The South Dakota laws do not stipulate what must appear in the 3 Day Notice to Quit. The basic information should include the reason for the eviction, the name and address of both the tenant and landlord, the date of the lease's termination, and whether or not there is an opportunity for the tenant to amend the violation and how that would work.

When: Before the court will order a tenant to vacate, however, the landlord has to serve a written notice called the South Dakota 3-Day Notice to Quit. It is a formal notice that can be sent to the renter or tenant for non-payment of the rent, but it must be at least three days after the rent is due.

Tips and Tricks for Landlords: Unlike many states, South Dakota has a very short eviction process that allows a landlord to legally remove a tenant from rented or leased premises. However, that does not mean that a tenant has no rights or options for fighting the eviction.

Like many other states, South Dakota expressly forbids a landlord from using "self-eviction". What that means is simple - they cannot shut down the utilities, enter the property to remove a tenant's belongings, or somehow prevent them from accessing the premises. Doing so can subject the landlord to liability for any damages, and it can also allow the tenant to legally terminate their lease.

Naturally, few landlords want to face this process. It is costly, upsetting and difficult. It involves legal expenses formal service of the 3-Day Notice to Quit, and further legal filings such as a Summons or Complaint for Forcible Entry and Detainer.

If you must address a tenant's failure to pay the rent, vacate at the end of their lease or evict them because of damages or criminal activity, download the formal South Dakota 3-Day Notice to Quit here.

Be sure you consult with legal experts to understand the rest of the process and the rights of tenants as well.

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