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

THREE-DAY NOTICE TO CURE OR QUIT — SOUTH DAKOTA

CURRENT-LAW LIMITATION. The title is retained for template continuity. South Dakota law does not create a general three-day cure-or-quit period. The deadline below must be derived from the Lease, another applicable law, or a voluntary cure opportunity.

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

No later than [DATE] at [TIME] (the "Cure Deadline"), you must 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 by the Cure Deadline, the Landlord may commence a Forcible Entry and Detainer action in [NAME] County Magistrate or Circuit Court pursuant to SDCL Chapter 21-16, but only after counsel confirms that the Lease has terminated or the applicable statutory ground has otherwise accrued and that every required notice has been given. The Landlord may seek possession, damages, court costs, and attorney's fees only as authorized by the Lease and applicable law.

Basis for Cure Deadline (check one):

☐ Lease § [____] requires [____] days after delivery.
☐ Another applicable law or housing-program rule requires [____] days: [identify authority].
☐ Voluntary cure opportunity offered by Landlord; no general state-law three-day cure period is represented.

6. MATERIAL BREACH AND FORFEITURE

The Landlord asserts that the violation(s) described above breach the Lease. Any termination or forfeiture is based on the express Lease provisions at Section [____], subject to all applicable law and judicial review. SDCL § 43-32-13 governs modification of month-to-month leases; it does not create a general breach-cure or forfeiture rule.

The Landlord's proposed termination is conditioned on failure to comply by the Cure Deadline and on counsel confirming that the Lease and applicable law permit termination on the stated facts.

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), (7) — FED grounds for holdover and for a lease act or omission that, under the Lease, operates to terminate it.
• SDCL § 21-16-2 — Repealed; no current general three-day notice-to-quit period.
• SDCL § 21-16-7 — FED summons and answer (five-day answer period after July 1, 2024).
• SDCL § 43-32-13 — Written modification of a month-to-month lease.
• 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.
• Statutory retaliation — SDCL §§ 43-32-27 to 43-32-28 create a narrow cause of action, not a general presumption. A notice-to-vacate claim requires a notice not based on lease breach after a listed special event. If this notice rests on a genuine lease breach, that statutory prong does not apply; counsel should still assess pretext and other claims. Proven liability incorporates § 43-32-6 remedies and permits reasonable and customary attorney's fees on a verified itemized statement.
• 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, certify that on [__/__/____] at approximately [__:__ __M.] I delivered the foregoing demand to the Tenant identified above by the following method (check all that apply). These options document delivery; use the method required by the Lease or other applicable law:

☐ 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 Screen. SDCL § 43-32-27 does not create a presumption. Confirm the actual lease breach supporting the notice, screen the three listed special events and listed landlord acts, and document the facts before service. Notice more than 180 days after a special event is a statutory defense.

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 Cure Deadline. Calculate the deadline under the Lease or other authority that creates it. Section 21-16-1 does not supply a general delivery-triggered three-day cure period.

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