NOTICE OF TERMINATION OF TENANCY

AND DEMAND FOR POSSESSION

(South Dakota)

[// GUIDANCE: This template is drafted to comply with South Dakota landlord-tenant law in force as of the date set forth below. Because state statutes change, confirm the current notice periods, service methods, and any local-court procedural rules before use.]

I. DOCUMENT HEADER

1. Parties
   1.1 Landlord: [LANDLORD LEGAL NAME], a [ENTITY TYPE] with a principal place of business at [LANDLORD ADDRESS].
   1.2 Tenant: [TENANT LEGAL NAME(S)] residing at the Premises identified below.

2. Recitals
   2.1 Landlord and Tenant are parties to that certain lease or rental agreement dated [LEASE DATE] (the “Lease”) covering the real property commonly known as [PREMISES ADDRESS] (the “Premises”).
   2.2 Tenant is in default of the Lease as more fully described herein.
   2.3 Landlord now desires to terminate the tenancy and demand possession of the Premises in accordance with applicable South Dakota law.

3. Effective Date & Jurisdiction
   3.1 This Notice is effective as of [NOTICE DATE] (the “Effective Date”).
   3.2 All matters arising out of or relating to this Notice shall be governed by the laws of the State of South Dakota and heard exclusively in the state housing court or other court of competent jurisdiction located in [COUNTY], South Dakota.

II. DEFINITIONS

For purposes of this Notice, capitalized terms have the meanings set forth below:

“Cure Amount” means the sum of (a) all unpaid Rent; (b) late fees, if any; and (c) any other charges presently due under the Lease, totaling $[AMOUNT] as of the Effective Date.

“Cure Period” means the period beginning on the Service Date and expiring at [11:59 p.m.] on the third (3rd) calendar day thereafter for non-payment of Rent, or such longer period as required by law for other Defaults.

“Default” means (a) failure to pay Rent when due; (b) violation of a material Lease term; (c) holdover after expiration or lawful termination of the Lease; or (d) any other ground for eviction recognized under South Dakota law.

“Notice Period” means the minimum number of days’ advance written notice required by South Dakota law for the particular Default, measured from the Service Date.

“Possession Date” means the day immediately following expiration of the Notice Period, by which Tenant must surrender the Premises.

“Rent” means the periodic rental payment of $[MONTHLY RENT] due on the [DAY] of each month under the Lease.

“Service Date” means the calendar date on which this Notice is deemed served in accordance with Section III.4.

III. OPERATIVE PROVISIONS

1. Identification of Default
   Tenant is in Default by reason of:
   ☐ Non-payment of Rent in the amount of $[RENT ARREARAGE];
   ☐ Material violation of Lease paragraph [__] described as: [DESCRIPTION OF BREACH];
   ☐ Holdover tenancy after lawful termination/expiration of Lease;
   ☐ Other statutory cause: [DESCRIBE].

2. Notice of Termination & Demand for Possession
   Landlord hereby terminates the tenancy effective upon expiration of the Notice Period. Tenant must (a) cure the Default within the Cure Period if such cure is permitted by law, and (b) deliver full possession of the Premises, including keys and all access devices, to Landlord no later than the Possession Date.

3. Conditional Right to Cure (if applicable)
   3.1 Non-Payment of Rent. If the Default is non-payment of Rent, Tenant may avoid termination by tendering the full Cure Amount to Landlord by cash, certified funds, or other method authorized in the Lease on or before the end of the Cure Period.
   3.2 Other Curable Defaults. Where South Dakota law affords a right to cure, Tenant must remedy the Default within the Cure Period and provide written proof of cure to Landlord.

4. Service of Notice
   This Notice shall be served by any method authorized under South Dakota law, including but not limited to:
   a. Personal delivery to Tenant;
   b. Delivery to a person of suitable age and discretion at the Premises and mailing a copy to Tenant’s last-known address;
   c. Posting in a conspicuous place at the Premises and mailing a copy to Tenant.
   Service is complete upon the earliest method effected in conformity with law. The Service Date will be documented in the Proof of Service attached hereto as Exhibit A.

5. Payment Instructions
   All Cure Amounts must be remitted to:
   [PAYEE NAME]
   [PAYMENT ADDRESS]
   Phone: [PHONE] | Email: [EMAIL]
   [// GUIDANCE: Insert any online payment portal details if accepted.]

6. Reservation of Rights
   Landlord reserves all rights and remedies available at law or in equity, including but not limited to filing a forcible detainer action, recovering unpaid Rent, damages for use and occupation, court costs, and reasonable attorney fees.

IV. REPRESENTATIONS & WARRANTIES

1. Authority. Landlord represents that it is the lawful owner or property manager of the Premises with full authority to issue this Notice.
2. Accuracy. The information herein is true and correct to the best of Landlord’s knowledge.
3. Legal Compliance. Landlord has complied, and will continue to comply, with all notice, service, and procedural requirements imposed by South Dakota law.

All representations and warranties in this Section IV shall survive delivery of this Notice.

V. COVENANTS & RESTRICTIONS

1. Tenant Covenants
   a. Vacate the Premises by the Possession Date unless the Default is timely cured.
   b. Leave the Premises in clean, broom-swept condition, free of Tenant’s personal property, trash, and debris.
   c. Return all keys, fobs, and access devices to Landlord at the time of surrender.

2. Landlord Covenants
   a. Accept full payment of the Cure Amount within the Cure Period, if provided by law.
   b. Refrain from any self-help eviction measures and seek possession only through lawful court process if Tenant fails to surrender the Premises.

VI. DEFAULT & REMEDIES

1. Events of Default
   Failure by Tenant to (a) cure the Default within the Cure Period (where permitted) or (b) surrender the Premises by the Possession Date constitutes an Event of Default under this Notice and the Lease.

2. Remedies
   Upon an Event of Default, Landlord may pursue any or all of the following remedies, which shall be cumulative and non-exclusive:
   a. Initiate a forcible detainer or unlawful detainer action for immediate possession;
   b. Seek a money judgment for unpaid Rent, holdover damages, and other amounts due;
   c. Recover court costs and reasonable attorney fees to the fullest extent permitted by law;
   d. Obtain injunctive or other equitable relief as necessary to enforce Tenant’s surrender obligations.

3. Graduated Consequences
   Landlord may elect to apply partial payments first to fees and costs, then to Rent, unless otherwise required by law. Acceptance of partial Rent during the Cure Period shall not waive Landlord’s right to possession unless expressly agreed in writing.

VII. RISK ALLOCATION

1. Indemnification
   Consistent with the metadata provided, no separate indemnification clause is included in this Notice.

2. Limitation of Liability
   Not applicable to this Notice.

3. Force Majeure
   Neither party shall be liable for delays caused by events beyond their reasonable control; however, this shall not excuse Tenant’s obligation to pay Rent or surrender possession when due.

VIII. DISPUTE RESOLUTION

1. Governing Law
   This Notice and any related eviction proceedings shall be governed by the laws of the State of South Dakota.

2. Forum Selection
   Exclusive venue lies in the state housing court or other court of competent jurisdiction located in [COUNTY], South Dakota.

3. Arbitration
   Not applicable.

4. Jury Trial
   Nothing herein shall be construed as a waiver of Tenant’s or Landlord’s constitutional right to a jury trial where such right exists.

5. Injunctive Relief
   The remedies set forth herein do not limit Landlord’s right to seek injunctive relief or other equitable remedies as provided by law.

IX. GENERAL PROVISIONS

1. Entire Agreement
   This Notice, together with the proof of service, constitutes the entire notice demanded by law and supersedes all prior or contemporaneous oral or written communications regarding the Default described herein.

2. Amendments & Waivers
   Any amendment or waiver of this Notice must be in writing and signed by the party against whom enforcement is sought.

3. Severability
   If any provision of this Notice is held unenforceable, the remaining provisions shall remain in full force and effect.

4. No Waiver
   Landlord’s failure to enforce any right or remedy shall not be deemed a waiver of that or any other right or remedy.

5. Successors & Assigns
   This Notice binds and benefits the parties and their respective heirs, successors, personal representatives, and permitted assigns.

6. Counterparts & Electronic Signatures
   This Notice may be executed in counterparts and delivered by electronic means, each of which shall be deemed an original and together constitute one instrument.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, Landlord has executed this Notice as of the Effective Date.

[LANDLORD NAME]
Its: [Title/Capacity]
Date: _______

[// GUIDANCE: Attach additional signature lines if multiple landlords or property managers must sign.]

Exhibit A – PROOF OF SERVICE

I, [SERVER NAME], declare that on [DATE], I served a true and correct copy of the foregoing Notice of Termination of Tenancy and Demand for Possession on Tenant(s) as follows (check all that apply):

☐ Personal delivery to [TENANT NAME] at the Premises.
☐ Left with [NAME], a person of suitable age and discretion at the Premises, and thereafter mailed a copy by first-class mail to the Premises.
☐ Posted in a conspicuous place at the Premises and mailed a copy by first-class mail to the Premises.

I declare under penalty of perjury that the foregoing is true and correct.

[SERVER SIGNATURE]
Date: _______

[// GUIDANCE: Retain this executed Notice and Proof of Service for court use. File any required affidavits promptly to comply with local court rules.]