Eviction Notice & Unlawful Detainer Complaint - South Dakota

SOUTH DAKOTA FORCIBLE ENTRY & DETAINER (EVICTION) PACKAGE

TABLE OF CONTENTS

1. Package Overview
2. Part A — Optional Pre-Suit Demand (S.D.C.L. ch. 21-16)
3. Part B — Proof / Affidavit of Service of Notice
4. Part C — Verified Complaint for Forcible Entry & Detainer (S.D.C.L. ch. 21-16)
5. Part D — Verification
6. Part E — Statement of Military Status
7. South Dakota Practice Notes
8. Sources and References

1. PACKAGE OVERVIEW

This package contains (a) an optional pre-suit written demand, and (b) the Verified Complaint for Forcible Entry & Detainer (Eviction) filed in the Circuit Court or Magistrate Court for the county where the property is located under S.D.C.L. ch. 21-16.

IMPORTANT — 2024 LAW CHANGE. The former standalone notice-to-quit section, S.D.C.L. § 21-16-2 (which required three days' written notice to quit before commencing proceedings), was REPEALED by SL 2024, ch 75 (SB 90). The three-day period for nonpayment now survives only as the substantive trigger inside the eviction ground itself: under § 21-16-1(4), an action is maintainable when a lessee fails to pay rent for three days after it is due. The statute does not create another three-day period after delivery of a demand. The same Act amended § 21-16-7 to change the summons/answer period from four to five days. Use Part A only for a Lease requirement, another applicable law, or a voluntary demand.

A forcible entry and detainer action is commenced by a verified complaint served with a summons (S.D.C.L. § 21-16-6). Self-help eviction (lockouts, utility shutoffs, removing belongings) is prohibited; only a court judgment and a sheriff-executed writ of possession may remove a tenant.

Notice / timing at a glance:

2. PART A — OPTIONAL PRE-SUIT DEMAND (S.D.C.L. ch. 21-16)

[CHECK ONE — select the ground]

• ☐ DEMAND TO PAY RENT OR QUIT — nonpayment (S.D.C.L. § 21-16-1(4))
• ☐ NOTICE TO QUIT — HOLDOVER (S.D.C.L. § 21-16-1(4))
• ☐ NOTICE TO QUIT — LEASE VIOLATION / OTHER GROUND (S.D.C.L. § 21-16-1)

NOTICE TO QUIT / DEMAND FOR POSSESSION

TO: [TENANT(S) FULL LEGAL NAME(S)] AND ALL OCCUPANTS

Premises Address: [________________________________], [CITY], [COUNTY] County, South Dakota [ZIP] (the "Premises")

Date of Notice: [__/__/____]

Landlord / Owner / Agent: [________________________________]

Address for Payment / Notices: [________________________________]

Phone / Email: [________________________________]

IF DEMAND TO PAY RENT OR QUIT (S.D.C.L. § 21-16-1(4))

You are hereby notified that rent in the amount of $[____] is now due, owing, and unpaid for the Premises described above. The Landlord demands that you PAY the full amount of rent due OR QUIT and deliver up possession by [DATE/TIME]. This deadline is based on [☐ Lease § ____ / ☐ other applicable authority: ____ / ☐ a voluntary opportunity offered by Landlord] and is not represented as a new state-law period triggered by delivery. If you fail to pay or vacate, an action may be commenced only after the § 21-16-1(4) ground and every other prerequisite have accrued.

IF NOTICE TO QUIT — HOLDOVER (S.D.C.L. § 21-16-1(4))

You are hereby notified that your lease/tenancy at the Premises terminated or expired on [__/__/____], and you are holding over and unlawfully continuing in possession. You are required to QUIT and deliver up possession of the Premises on or before [__/__/____]. If you fail to vacate, a Forcible Entry & Detainer (eviction) action may be commenced against you under S.D.C.L. ch. 21-16.

IF NOTICE TO QUIT — LEASE VIOLATION / OTHER GROUND (S.D.C.L. § 21-16-1)

You are hereby notified that you are in violation of your rental agreement and/or are unlawfully in possession because: [DESCRIBE THE VIOLATION OR GROUND]. You are required to [CURE the violation and/or] QUIT and deliver up possession of the Premises on or before [__/__/____]. If you fail to comply, a Forcible Entry & Detainer (eviction) action may be commenced against you under S.D.C.L. ch. 21-16.

SIGNATURE BLOCK — NOTICE

Dated: [__/__/____]

[________________________________]

[LANDLORD / OWNER / AGENT NAME], [TITLE]

3. PART B — PROOF / AFFIDAVIT OF SERVICE OF NOTICE

I, [SERVER NAME], state that on [__/__/____] at approximately [____] [a.m./p.m.], I served the foregoing Notice on [TENANT NAME] in the manner indicated below:

• ☐ Personal delivery to the tenant.
• ☐ Leaving a copy at the Premises with a person residing there (tenant could not be found).
• ☐ Posting conspicuously upon the Premises and mailing by first-class mail to the tenant at the Premises (when the tenant cannot be found).

[________________________________]

[SERVER NAME]

Address: [________________________________]

4. PART C — VERIFIED COMPLAINT FOR FORCIBLE ENTRY & DETAINER (S.D.C.L. ch. 21-16)

STATE OF SOUTH DAKOTA — [________________] JUDICIAL CIRCUIT

[☐ CIRCUIT COURT / ☐ MAGISTRATE COURT], COUNTY OF [COUNTY]

Case No.: [________________________________]

VERIFIED COMPLAINT FOR FORCIBLE ENTRY AND DETAINER (EVICTION) AND FOR RENT AND DAMAGES

(S.D.C.L. ch. 21-16)

Plaintiff alleges:

GENERAL ALLEGATIONS

1. Plaintiff is the [owner / landlord / authorized agent] of the residential rental Premises located at [ADDRESS], [CITY], [COUNTY] County, South Dakota [ZIP] (the "Premises"). This Court has jurisdiction under S.D.C.L. § 21-16-3, and venue is proper in the county where the Premises are located.

2. Defendant [TENANT NAME] entered into possession of the Premises pursuant to a [written / oral] rental agreement dated [__/__/____] at a rent of $[____] per [month / week], payable in advance on the [____] day of each rental period.

3. The Premises [☐ is / ☐ is not] a "covered dwelling" under the federal CARES Act, 15 U.S.C. § 9058.

COUNT I — POSSESSION (FORCIBLE ENTRY & DETAINER)

4. Plaintiff realleges paragraphs 1 through 3.

5. A forcible entry and detainer action is maintainable under S.D.C.L. § 21-16-1 because Defendant has [☐ failed to pay rent of $[____] for more than three (3) days after it was due (§ 21-16-1(4)) / ☐ held over after termination or expiration of the lease on [__/__/____] (§ 21-16-1(4)) / ☐ unlawfully holds and keeps possession / ☐ otherwise as follows: ____________].

6. Pre-suit notice/demand, if applicable (select one): ☐ Plaintiff served Defendant a written notice/demand on [__/__/____]; a copy and proof of service are attached as Exhibits A and B, and any applicable period elapsed without payment, cure, or vacancy. ☐ No pre-suit notice/demand is alleged for this ground; the filing party has checked the Lease and other applicable notice requirements.

7. Defendant continues in possession without the consent of Plaintiff, and Plaintiff is entitled to recover possession of the Premises.

WHEREFORE, on Count I, Plaintiff demands judgment for possession/restitution of the Premises, issuance of a writ of possession directing the sheriff to restore possession to Plaintiff, and costs.

COUNT II — RENT AND DAMAGES

8. Plaintiff realleges paragraphs 1 through 7.

9. Defendant owes Plaintiff $[____] in unpaid rent through [__/__/____], plus rent and the reasonable value of use and occupancy continuing to accrue at $[____] per [day / month] until possession is surrendered.

10. Defendant is further liable for $[____] in damages to the Premises and other amounts recoverable under the rental agreement.

11. Plaintiff is entitled to costs and, if provided by the rental agreement or statute, reasonable attorney's fees.

WHEREFORE, on Count II, Plaintiff demands judgment against Defendant for unpaid and accruing rent, the reasonable value of use and occupancy, damages, prejudgment interest, costs, and attorney's fees, and for such other relief as the Court deems just.

SIGNATURE — COMPLAINT

Dated: [__/__/____]

[________________________________]

[PLAINTIFF / ATTORNEY NAME]

☐ Plaintiff, pro se ☐ Attorney for Plaintiff, SD Bar No. [________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

5. PART D — VERIFICATION

I, [PLAINTIFF / AFFIANT NAME], being first duly sworn, state that I have read the foregoing Complaint and that the facts stated in it are true and correct to the best of my knowledge and belief.

[________________________________]

[PLAINTIFF NAME], Plaintiff

Subscribed and sworn to before me this [____] day of [________________], 20[____].

[________________________________]

Notary Public, State of South Dakota

My Commission Expires: [__/__/____]

6. PART E — STATEMENT OF MILITARY STATUS

I, [AFFIANT NAME], state:

1. ☐ Based on a search of the Department of Defense Manpower Data Center, [TENANT NAME] is NOT in active military service within the meaning of the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3901 et seq. A copy of the SCRA single-record response is attached.

2. ☐ [TENANT NAME] IS in active military service; protections under the SCRA apply.

3. ☐ I am unable to determine the military status of Defendant.

[________________________________]

[AFFIANT NAME]

7. SOUTH DAKOTA PRACTICE NOTES

• 2024 repeal of § 21-16-2. SL 2024, ch 75 (SB 90) repealed the standalone notice-to-quit section. The three-day nonpayment period now lives inside § 21-16-1(4) as the substantive ground. Give a pre-suit demand if the lease, another applicable law, or the landlord's chosen process calls for one; do not treat a voluntary demand as a statutory cure period.
• Summons/answer now 5 days. The same Act amended § 21-16-7: after personal service, the defendant has five (5) days to appear and plead (formerly four). Service does not count the date of service or weekends/holidays.
• How the case is commenced. A verified complaint served with a summons (§ 21-16-6). At least two service attempts (each at least one week apart, both within thirty days); on the second attempt the summons may be posted on the property, delivered to a resident if found, and mailed first-class.
• Court. Filed in the Circuit Court or Magistrate Court (magistrate judge presiding) for the county where the Premises are located (§ 21-16-3).
• Trial timing. After issue is joined, the action may be brought on for trial on two days' notice (§ 21-16-8). If the defendant defaults after proper service, the landlord may seek default judgment.
• Use the official UJS forms. Case Filing Statement (UJS-232), Summons (UJS-111), Verified Complaint (UJS-112); Judgment of Eviction and Damages (UJS-138); Statement of Military Status (UJS-306). UJS Legal Form Helpline: 1-855-784-0004.
• Filing fee. The UJS Schedule of Court Costs lists an eviction filing fee of \$25 plus a \$40 court-automation surcharge and \$7 law-library fee (\$72 total court costs); sheriff/constable service fees are additional. Confirm current amounts.
• Periodic-tenancy termination. For a month-to-month hiring with no specified term, give notice at least one monthly term before its expiration, not exceeding one month (§ 43-32-15). A residential tenancy at will may instead be terminated on at least 15 days' notice under § 43-8-8, subject to its military-service provision.
• Nonpayment timing. Under § 21-16-1(4), an eviction action based on unpaid rent becomes maintainable when rent remains unpaid for three days after it is due. Former § 21-16-2 no longer supplies a separate pre-suit notice or cure period. Check the lease and any other applicable notice rule before filing.
• Mobile/manufactured-home communities and subsidized housing follow additional rules. CARES Act 30-day notice may apply to federally backed dwellings.

8. SOURCES AND REFERENCES

• S.D.C.L. ch. 21-16 (Forcible Entry and Detainer) — https://sdlegislature.gov/Statutes/21-16
• S.D.C.L. § 21-16-1 (when maintainable; 3-day nonpayment ground) — https://sdlegislature.gov/Statutes/21-16-1
• Justia (2023) S.D.C.L. § 21-16-2 (former Notice to quit — REPEALED SL 2024 ch 75) — https://law.justia.com/codes/south-dakota/2023/title-21/chapter-16/section-21-16-2/
• South Dakota Multi-Housing Association — New Eviction Laws (SB89/SB90, 2024) — https://www.sdmha.com/news/new-eviction-laws
• South Dakota UJS — Checklist for an Eviction Action and forms — https://ujs.sd.gov/
• S.D.C.L. § 43-32-15 (periodic-tenancy termination) — https://sdlegislature.gov/api/Statutes/Statute/43-32-15; § 43-8-8 (tenancy at will)
• Servicemembers Civil Relief Act — 50 U.S.C. § 3901 et seq.; CARES Act § 4024 — 15 U.S.C. § 9058

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. A South Dakota-licensed attorney must review and customize this package before service or filing. The former standalone notice-to-quit statute (§ 21-16-2) was repealed by SL 2024, ch 75 — verify the current pre-suit notice requirement, the 5-day answer period, court filing fees, and any CARES Act requirements before use.

Last Updated: 2026-06-06