Three-Day Notice to Pay Rent or Quit (South Dakota)

THREE-DAY NOTICE TO PAY RENT OR QUIT — SOUTH DAKOTA

TABLE OF CONTENTS

1. Notice Header and Parties
2. Premises
3. Statement of Default
4. Itemization of Rent and Charges Due
5. Demand for Payment or Possession
6. Acceptable Methods of Payment
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], by and through [AGENT / PROPERTY MANAGER, if any] (the "Landlord")

DATE OF NOTICE: [__/__/____]

2. PREMISES

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

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

3. STATEMENT OF DEFAULT

YOU ARE HEREBY NOTIFIED that you are in default of the lease agreement dated [__/__/____] (the "Lease") for failure to pay rent lawfully due and owing. As of the date of this Notice, rent has remained unpaid for more than three (3) days after the date due, constituting grounds for a Forcible Entry and Detainer action under SDCL § 21-16-1(4).

4. ITEMIZATION OF RENT AND CHARGES DUE

5. DEMAND FOR PAYMENT OR POSSESSION

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

(a) PAY the total sum of $[________] in full to the Landlord at the address listed in Section 1; 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. Such action may include claims for back rent, damages, court costs, and attorney's fees as permitted by the Lease and applicable law.

6. ACCEPTABLE METHODS OF PAYMENT

Payment must be tendered by one of the following methods on or before [__/__/____] at [__:__ __M.]:

☐ Certified or cashier's check payable to [LANDLORD]
☐ Money order
☐ Electronic funds transfer to [BANK / ACCOUNT, last 4 digits only]
☐ In-person payment at [ADDRESS] during business hours of [__:__ __M to __:__ __M]
☐ Other (specify): [________________________________]

Personal checks ☐ ARE ☐ ARE NOT accepted following the prior dishonored payment.

7. RESERVATION OF RIGHTS AND NON-WAIVER

7.1. The Landlord's acceptance of any partial payment shall NOT constitute a waiver of the right to terminate the Lease or proceed with eviction unless expressly agreed in a writing signed by the Landlord.

7.2. The Landlord reserves all rights and remedies at law and equity, including without limitation: monetary damages, 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. No statement or omission in this Notice waives the Landlord's right to rely on any other ground for termination, including lease violation, holdover, illegal activity, or waste.

8. NOTICE REGARDING FEDERAL SUBSIDY AND SERVICEMEMBERS

8.1 Subsidized Housing. If your tenancy is assisted under the Section 8 Housing Choice Voucher program, project-based Section 8, public housing, Rural Development (USDA Rural Housing), Low-Income Housing Tax Credit (LIHTC), HOME, or any other federal program, separate federal regulations may require longer notice and/or specific termination grounds. This Notice is intended to satisfy state-law requirements only; consult the Housing Authority and applicable HUD or USDA regulations.

8.2 Servicemembers Civil Relief Act. If you (or your spouse or dependent) are a servicemember on active duty, the Servicemembers Civil Relief Act (50 U.S.C. § 3951) may bar eviction without court order and entitle you to a stay of proceedings. 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 Forcible Entry and Detainer (failure to pay rent for three days after due).
• SDCL § 21-16-7 — Summons and answer (five-day answer period, as amended by 2024 SB 90).
• SDCL § 43-32-9 — Time and place of payment of rent.
• SDCL § 43-32-13 — Modification and termination of leases (as amended by 2024 SB 89).
• The terms of the Lease at Section [____] (notice-and-cure / default provisions), to the extent more protective than state statute.

10. TENANT'S RIGHTS, DEFENSES, AND RESOURCES

YOU MAY HAVE LEGAL DEFENSES. Under South Dakota law, possible defenses to an eviction for nonpayment include, without limitation:

• Habitability — Failure of the Landlord to maintain the Premises in safe and habitable condition under SDCL § 43-32-8 (limited statutory recognition; consult counsel regarding repair-and-deduct under SDCL § 43-32-9 line of authority).
• Retaliation — Adverse action within 180 days of a protected complaint creates a rebuttable presumption of retaliation under SDCL § 43-32-27, § 43-32-28; remedies include up to two (2) months' rent, return of the security deposit, and up to $500 in attorney's fees.
• Discrimination — Race, color, creed, religion, sex, ancestry, disability, familial status, or national origin under SDCL § 20-13-20 and the federal Fair Housing Act (42 U.S.C. § 3604).
• Defective Notice / Improper Service — Failure to satisfy contractual notice provisions or federal subsidy regulations.
• Tender / Cure / Setoff — Including setoff for unreturned security deposit under SDCL § 43-32-6.1 (two weeks for return; 45 days for itemized accounting).
• Waiver / Estoppel — Acceptance of partial or late rent without express reservation.
• 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
• Access to Justice / South Dakota State Bar Lawyer Referral: (605) 224-7554
• 211 South Dakota: dial 2-1-1 (rental assistance, emergency shelter)

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 Pay Rent 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 residing at the Premises (Name: [________]), AND mailing a copy by First-Class U.S. Mail, postage prepaid, to the Tenant at the Premises.
☐ Posting in a conspicuous place at the Premises (after attempting personal service at least once), AND mailing a copy by First-Class U.S. Mail, postage prepaid, to the Tenant at the Premises.
☐ 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 No URLTA. South Dakota has not adopted the Uniform Residential Landlord and Tenant Act. Landlord-tenant law derives from SDCL Chapter 43-32 (lease of real property), SDCL Chapter 21-16 (FED), SDCL Chapter 20-13 (Human Rights Act), and South Dakota common law. Many issues (e.g., implied covenants, repair-and-deduct mechanics) lack statutory codification and are governed by case law.

13.2 Limited Implied Warranty of Habitability. SDCL § 43-32-8 imposes a duty to "put the lessee in possession" and keep the building in good repair, but South Dakota courts have read the implied warranty of habitability narrowly compared to most jurisdictions. Tenant cannot waive habitability by lease. Plaintiff-side advocacy and academic commentary (see USD Law Review, "Strengthening South Dakota's Landlord-Tenant Law") have urged statutory expansion.

13.3 Self-Help Eviction Barred. Lockouts, utility shutoffs, and removal of belongings are unlawful under SDCL Chapter 43-32 and common law; no specific treble-damages statute exists, but tort and contract remedies are available. Always proceed via the FED action.

13.4 Sioux Falls and Rapid City. Limited local protections exist; no comprehensive municipal landlord-tenant codes. Source of income is NOT a state-protected class; local ordinances should be checked.

13.5 Mobile-Home Park Tenancies. Tenants who own a mobile or manufactured home and rent only the lot are governed in part by SDCL § 43-32-29 et seq., which provide separate longer-notice rules. Do NOT use this template for mobile-home-park lot tenancies — use the mobile-home-park-specific notice form instead.

13.6 Appeals. A judgment of possession may be appealed to the South Dakota Supreme Court. Appeal is generally on the record; there is no de novo trial. A supersedeas/stay bond is typically required to maintain possession during appeal (consult SDCL § 15-26A and SDCL § 21-16-12 line of authority).

13.7 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 a Saturday, Sunday, or legal holiday, in which case the period runs to the next non-holiday business day.

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 housing): 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, forms UJS-109 through UJS-139: 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
• "Strengthening South Dakota's Landlord-Tenant Law," USD Law Review: https://red.library.usd.edu/sdlrev/
• Federal Fair Housing Act, 42 U.S.C. §§ 3601–3619
• Servicemembers Civil Relief Act, 50 U.S.C. § 3951

END OF NOTICE