South Dakota Notice to Vacate for Waste
South Dakota Notice to Vacate for Waste
Notice date: [__/__/____]
To tenant(s): [________________________________]
Premises: [________________________________]
From landlord or authorized agent: [________________________________]
Landlord's notice address and contact: [________________________________]
Demand for possession
Landlord gives notice of the waste described below and demands that Tenant vacate and return possession of the premises by [DATE] at [TIME]. Landlord relies on S.D. Codified Laws § 21-16-1(7), which permits a possession action if a lessee commits waste upon the leased premises.
What Tenant or a subtenant did or failed to do: [________________________________]
Dates, places, and physical condition or damage involved: [________________________________]
[____________________________________________________________]
Evidence or inspection record attached, if any: [________________________________]
Lease provision relevant to this conduct, if any: [________________________________]
Earlier notice or required lease procedure, if any, and how it was satisfied: [________________________________]
Reason the possession date above complies with the lease and any applicable housing rule: [________________________________]
This notice demands possession on the stated date. It does not offer a new cure period. If the lease or another applicable rule requires a warning, cure opportunity, different method of delivery, or more time, Landlord must complete that step before relying on this demand.
If Tenant does not return possession, Landlord may seek possession through a court action under S.D. Codified Laws chapter 21-16. This notice itself is not a court order.
Landlord or agent signature
Signature: ______________________________ Date: [__/__/____]
Printed name and capacity: [________________________________]
Delivery record
Delivered to: [________________________________]
Date and time: [__/__/____] [________]
Method and address: [________________________________]
Person delivering: [________________________________]
Signature: ______________________________
About this template
- Last updated
- November 10, 2026
- Citations checked
- November 10, 2026
- Jurisdiction
- South Dakota
- Category
- Landlord & Tenant
Legal authority
- S.D. Codified Laws § 21-16-1(7)
- S.D. Codified Laws § 21-16-6
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on November 10, 2026.
S.D. Codified Laws § 21-16-1(7) (checked November 10, 2026): "If a lessee commits waste upon the leased premises, or does or fails to perform any act which, under the terms of the lease operates to terminate the same."
S.D. Codified Laws § 21-16-6 (checked November 10, 2026): "The complaint shall be in writing and verified by the plaintiff or the plaintiff's agent or signed by the plaintiff's attorney, and served with a summons."
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