Three-Day Notice to Cure or Quit (South Dakota)

THREE-DAY NOTICE TO CURE OR QUIT — SOUTH DAKOTA

TABLE OF CONTENTS

1. Notice Header and Parties
2. Premises
3. Description of Lease Violation(s)
4. Specific Cure Required
5. Demand to Cure or Quit
6. Material Breach and Forfeiture
7. Reservation of Rights and Non-Waiver
8. Notice Regarding Federal Subsidy and Servicemembers
9. Statutory and Regulatory Authority
10. Tenant's Rights, Defenses, and Resources
11. Signature and Verification
12. Proof of Service
13. South Dakota Practice Notes
14. Sources and References

1. NOTICE HEADER AND PARTIES

TO: [TENANT'S FULL LEGAL NAME], and all other occupants in possession (the "Tenant")

FROM: [LANDLORD'S FULL LEGAL NAME / ENTITY] (the "Landlord")

DATE OF NOTICE: [__/__/____]

2. PREMISES

The premises subject to this Notice (the "Premises") are located at:

[FULL STREET ADDRESS, UNIT, CITY, COUNTY, SD, ZIP]

3. DESCRIPTION OF LEASE VIOLATION(S)

YOU ARE HEREBY NOTIFIED that you are in violation of the lease agreement dated [__/__/____] (the "Lease") and/or your duties as a tenant under South Dakota law. The specific violation(s) and supporting facts are as follows:

Violation 1. [CONCISE DESCRIPTION — e.g., "Unauthorized occupant, John Doe, has resided at the Premises since on or about [DATE], in violation of Lease § 12 (Occupancy Limits)."]

• Date(s) observed: [__/__/____], [__/__/____]
• Witness(es): [NAME(S)]
• Documentation: ☐ Photographs ☐ Video ☐ Police report no. [____] ☐ Prior written warning(s) dated [____]

Violation 2. [CONCISE DESCRIPTION — e.g., "Smoking inside the Premises in violation of Lease § 18 (No-Smoking Policy), evidenced by [FACTS]."]

• Date(s) observed: [__/__/____]
• Witness(es): [NAME(S)]
• Documentation: [________________________________]

Violation 3. [CONCISE DESCRIPTION]

4. SPECIFIC CURE REQUIRED

To cure the violation(s) above, you must, on or before [__/__/____] at [__:__ __M.], do EACH of the following:

If the cure requires payment of damages or a sum certain, the amount is $[________], payable to the Landlord at the address in Section 1.

5. DEMAND TO CURE OR QUIT

YOU ARE HEREBY REQUIRED, within THREE (3) CALENDAR DAYS after service of this Notice, to either:

(a) CURE each violation listed above by performing the actions specified in Section 4; OR

(b) VACATE AND DELIVER UP POSSESSION of the Premises to the Landlord.

If you fail to perform either option within the three-day period, the Landlord will commence a Forcible Entry and Detainer action in [NAME] County Magistrate or Circuit Court pursuant to SDCL Chapter 21-16 without further notice. The Landlord may seek possession, damages, court costs, and attorney's fees as authorized by the Lease and applicable law.

6. MATERIAL BREACH AND FORFEITURE

The violation(s) described above constitute material breaches of the Lease. The Landlord elects to declare a forfeiture of the Lease term in the event of non-cure, pursuant to SDCL § 43-32-13 (modification/termination of lease) and the express forfeiture provisions of the Lease at Section [____].

The Landlord's election of forfeiture upon non-cure is conditioned upon the Tenant's failure to comply with this Notice within the three-day cure period.

7. RESERVATION OF RIGHTS AND NON-WAIVER

7.1. The Landlord's acceptance of any rent that accrues prior to the cure deadline shall NOT constitute a waiver of the right to enforce this Notice unless expressly agreed in a writing signed by the Landlord.

7.2. The Landlord reserves all rights and remedies at law and in equity, including monetary damages for past and future breaches, restitution of possession, attorney's fees as authorized by the Lease, prejudgment interest under SDCL § 54-3-16, and any remedy available under SDCL Chapter 21-16 or Chapter 43-32.

7.3. This Notice does not waive the Landlord's right to assert other or additional grounds for termination, including nonpayment of rent, holdover, illegal activity, or waste.

8. NOTICE REGARDING FEDERAL SUBSIDY AND SERVICEMEMBERS

8.1 Subsidized Housing. If your tenancy is assisted under any federal program (Section 8 HCV, project-based Section 8, public housing, USDA Rural Development, LIHTC, HOME, or other), separate federal regulations may require longer notice and specific termination grounds. This Notice does not satisfy federal regulatory notice; consult the Housing Authority and applicable HUD or USDA regulations.

8.2 Servicemembers. The Servicemembers Civil Relief Act (50 U.S.C. § 3951) may bar eviction without court order for servicemembers on active duty. Notify the Landlord in writing if you claim SCRA protection.

9. STATUTORY AND REGULATORY AUTHORITY

This Notice is issued pursuant to and consistent with:

• SDCL § 21-16-1(4) — Grounds for FED (lessee holding over after termination of lease).
• SDCL § 21-16-7 — FED summons and answer (five-day answer period after July 1, 2024).
• SDCL § 43-32-13 — Modification and termination of leases.
• SDCL § 43-32-14, § 43-32-15 — Tenant duties to use premises lawfully and avoid waste.
• The Lease, including Sections [____] (forfeiture / default) and [____] (notice-and-cure).

10. TENANT'S RIGHTS, DEFENSES, AND RESOURCES

YOU MAY HAVE LEGAL DEFENSES, including without limitation:

• No Breach / Cure — The conduct alleged is not a breach, or has been timely cured.
• Habitability — Limited statutory recognition under SDCL § 43-32-8; alleged tenant breaches that flow from landlord's failure to repair may be defended.
• Retaliation — SDCL § 43-32-27, § 43-32-28 create a 180-day rebuttable presumption of retaliation for adverse action following protected complaints; remedies up to two months' rent, return of deposit, and $500 attorney's fees.
• Discrimination — SDCL § 20-13-20 (race, color, creed, religion, sex, ancestry, disability, familial status, national origin) and the federal Fair Housing Act (42 U.S.C. § 3604), including reasonable accommodation/modification claims.
• Defective Notice — Failure to satisfy contractual notice-and-cure or federal subsidy regulations.
• Selective Enforcement / Estoppel / Waiver — Lease provision long-tolerated or selectively enforced.
• Equitable Defenses — Forfeitures are disfavored; courts may apply equity where forfeiture is disproportionate to the breach.
• Bankruptcy Stay — 11 U.S.C. § 362.

FREE AND LOW-COST RESOURCES

• East River Legal Services (Sioux Falls): (605) 336-9230 — https://erlservices.org
• Dakota Plains Legal Services (Mission / Western SD): (605) 856-4444 — https://dpls.org
• South Dakota State Bar Lawyer Referral: (605) 224-7554
• 211 South Dakota: dial 2-1-1
• South Dakota Division of Human Rights: (605) 773-3681 — https://dlr.sd.gov/human_rights/
• HUD Region VIII Fair Housing: 1-800-877-7353

YOU SHOULD CONSULT WITH AN ATTORNEY OR LEGAL-AID ORGANIZATION IMMEDIATELY.

11. SIGNATURE AND VERIFICATION

Date: [__/__/____]

____________________________________
[LANDLORD / AUTHORIZED AGENT NAME]
Title: [OWNER / PROPERTY MANAGER / AGENT]
Address: [________________________________]
Telephone: [(___) ___-____]

State of South Dakota )
) ss.
County of [________] )

Subscribed and sworn to before me on [__/__/____].

____________________________________
Notary Public — South Dakota
My commission expires: [__/__/____]

(SEAL)

12. PROOF OF SERVICE

I, the undersigned, being over the age of eighteen (18) years and not a party to this action, certify that on [__/__/____] at approximately [__:__ __M.] I served the foregoing Three-Day Notice to Cure or Quit upon the Tenant identified above, by the following method (check all that apply):

☐ Personal delivery to the Tenant at the Premises.
☐ Delivery to a person of suitable age and discretion (Name: [________]) residing at the Premises, AND mailing a copy by First-Class U.S. Mail.
☐ Posting in a conspicuous place at the Premises (after attempting personal service), AND mailing a copy by First-Class U.S. Mail.
☐ Certified U.S. Mail, return receipt requested (article no. [________]), AND First-Class U.S. Mail.

I declare under penalty of perjury under the laws of the State of South Dakota that the foregoing is true and correct.

____________________________________
[NAME OF SERVER]
Address: [________________________________]
Telephone: [(___) ___-____]

13. SOUTH DAKOTA PRACTICE NOTES

13.1 Forfeitures Disfavored. South Dakota courts construe lease forfeiture clauses strictly against the landlord; a clear, specific cure demand strengthens any subsequent FED action.

13.2 No URLTA. South Dakota has not enacted the Uniform Residential Landlord and Tenant Act. Most landlord-tenant rights and duties live in the Lease, in SDCL Chapter 43-32, and in case law. Practitioners cannot rely on URLTA-style provisions (e.g., codified "essential services" remedies).

13.3 Limited Implied Warranty of Habitability. SDCL § 43-32-8 imposes a duty to deliver and maintain the premises in repair, but South Dakota courts have read the implied warranty narrowly. Cf. USD Law Review, "Strengthening South Dakota's Landlord-Tenant Law."

13.4 Self-Help Barred. Lockouts, removal of belongings, and utility shutoffs are unlawful. No specific treble-damages statute, but tort and contract remedies are available.

13.5 Retaliation Risk Window. SDCL § 43-32-27 creates a 180-day presumption of retaliation when the landlord acts adversely after a protected tenant complaint. Document a legitimate, nonretaliatory ground BEFORE serving any cure or quit notice.

13.6 Mobile-Home Parks. Tenants who own a mobile or manufactured home and rent only the lot are governed in part by SDCL § 43-32-29 et seq. (separate longer-notice rules). Use the mobile-home-park-specific notice form for those tenancies.

13.7 Sioux Falls and Rapid City. No comprehensive municipal landlord-tenant code; verify any local ordinance affecting tenancy (e.g., rental licensing, nuisance abatement).

13.8 Computation of Time. Apply SDCL § 15-6-6 by analogy; the day of service is excluded; the last day is included unless it falls on Saturday, Sunday, or legal holiday.

14. SOURCES AND REFERENCES

• South Dakota Codified Laws, Chapter 21-16 (Forcible Entry and Detainer): https://sdlegislature.gov/Statutes/21-16
• South Dakota Codified Laws, Chapter 43-32 (Lease of Real Property): https://sdlegislature.gov/Statutes/43-32
• South Dakota Codified Laws, Chapter 20-13 (Human Rights — § 20-13-20): https://sdlegislature.gov/Statutes/20-13
• 2024 SB 89 / SB 90 (effective July 1, 2024): https://sdlegislature.gov
• South Dakota Unified Judicial System — Eviction Self-Help: https://ujs.sd.gov/self-help/civil-law-help/evictions/
• South Dakota Department of Labor & Regulation, Division of Human Rights: https://dlr.sd.gov/human_rights/
• South Dakota Consumer Protection — Landlord/Tenant Fast Facts: https://consumer.sd.gov/fastfacts/landlordtenant.aspx
• East River Legal Services: https://erlservices.org
• Dakota Plains Legal Services: https://dpls.org
• Federal Fair Housing Act, 42 U.S.C. §§ 3601–3619
• HUD multifamily regulations (24 C.F.R. Parts 5, 247, 966, 982)

END OF NOTICE