Notice Type and Legal Basis
This notice is issued pursuant to the South Dakota Residential Landlord and Tenant Act, S.D. Codified Laws Ann. § 27-40-10 et seq., specifically including § 27-40-710 (failure to pay rent) and § 27-40-720 (noncompliance with rental agreement).
Type of Notice: [[5-Day Notice to Pay Rent or Quit / 14-Day Notice to Cure or Quit / 30-Day Notice to Vacate / Other: specify]]
This is a [[Pay Rent or Quit / Cure or Quit / Notice to Vacate]] notice.
Statement of Grounds
You are hereby notified that you are in violation of your rental agreement or the law for the following reason(s):
- Failure to pay rent when due. The total amount of past-due rent owed as of the date of this notice is [[Exact Dollar Amount Owed]], for the period(s) [[List months or dates, e.g., May 2026 and June 2026 rent]].
- [[Describe any additional lease violations or holdover, e.g., "Unauthorized occupants", "Property damage beyond normal wear", "Illegal activity", or "Lease term expired and holdover tenancy"]].
- Other: [[Additional specific grounds if any]].
Landlord demands that you either:
- Pay the full amount of [[Exact Dollar Amount Owed]] (plus any additional rent that accrues) within the applicable cure period, or
- Vacate and surrender possession of the Premises.
Required Cure Period and Deadline
Under South Dakota law:
- For non-payment of rent, you have five (5) days after service of this notice to pay the rent in full or vacate.
- For other material noncompliance with the rental agreement (not involving rent), you have fourteen (14) days to cure the violation or vacate.
The deadline to cure or vacate under this notice is [[Specific Date and Time, e.g., 11:59 PM on Month DD, YYYY]].
If you fail to pay the rent owed or cure the violation(s) within the statutory period and fail to vacate, Landlord will initiate eviction proceedings (dispossessory action) in the appropriate magistrate court or other court of competent jurisdiction in South Dakota without further notice.
Amount Owed Detail (For Rent Notices)
| Description | Amount |
|------------------------------|------------|
| Rent due for period(s) | [[Amount]] |
| Late fees (if contractually allowed and disclosed) | [[Amount]] |
| Other charges (itemize) | [[Amount]] |
| Total Demand | [[Total]] |
Only lawfully owed rent and permitted charges may be demanded. Payment must be made by [[accepted method, e.g., certified funds, money order, or as specified in lease]] to [[Payment Location or Address / Online portal]].
How to Respond
To avoid eviction proceedings, you must within the cure period either:
- Deliver full payment of all amounts demanded to Landlord or its agent at the address above (or via the method specified in your lease), and remain in compliance with all other lease terms; or
- Vacate the Premises, return all keys, and leave the property in a clean and undamaged condition (reasonable wear and tear excepted).
Partial payment may not stop eviction proceedings unless Landlord agrees in writing to accept it as a cure.
Service of Notice
This notice is being served by:
- [[Personal delivery to tenant / Posting in conspicuous place on premises + first-class mail / Certified mail / Other method permitted by SC law]]
Proof of service will be completed and retained.
Landlord / Agent Signature
Landlord or Authorized Agent Signature: ________________________________
Printed Name: [[Landlord or Agent Name]]
Title (if applicable): [[Owner / Property Manager]]
Date: [[Date]]
Contact Phone: [[Phone]]
Contact Email: [[Email]]
Important Tenant Rights Information
Under South Dakota law you have certain rights. This notice does not waive any rights you may have under your lease or state or federal law, including but not limited to:
- The right to dispute the amount claimed or the grounds stated in court.
- Protections against retaliatory eviction for exercising legal rights such as complaining about habitability.
- Rights under the Servicemembers Civil Relief Act (SCRA) if you or a dependent are on active military duty.
- Rights to proper notice and court process before any physical removal of your belongings or lockout.
- The right to redeem the tenancy in certain cases by paying all rent and costs before judgment.
- Protections regarding security deposit return and itemized deductions after vacating.
If you believe this notice is defective or that you have defenses (such as improper service, payment already made, breach by landlord, or waiver), you may raise them in any court proceeding that follows. You are encouraged to seek legal advice promptly from a qualified attorney or contact South Dakota legal aid organizations (such as South Dakota Legal Services) which may be available for qualifying low-income tenants at no or low cost.
Move-Out and Surrender Requirements
If you elect to vacate:
- Remove all personal property and debris.
- Return all keys, garage openers, access devices, and other property of Landlord.
- Clean the Premises to a move-in ready condition, allowing only for normal wear and tear as defined under South Dakota law.
- Provide Landlord with a forwarding address in writing for return of security deposit accounting.
- Notify utility companies to transfer or discontinue service as agreed in the lease.
Failure to surrender in proper condition may result in additional charges for cleaning, repairs, or storage.
Landlord's Remedies Upon Non-Compliance
If you do not cure or vacate within the stated period, Landlord intends to file a dispossessory warrant or eviction action. Upon obtaining a judgment for possession:
- A writ of ejectment may issue.
- You may be responsible for court costs, filing fees, and reasonable attorney fees where authorized by the lease or statute.
- Landlord may recover possession and any unpaid rent, holdover rent, and damages to the Premises.
- Personal property left behind may be disposed of in accordance with South Dakota law after proper notice.
Proof of Service (To Be Completed by Server)
I, the undersigned, served a true copy of this notice on the above-named tenant(s) as follows:
Date of Service: ____________________
Method: [[Personal / Posted + Mailed / Certified Mail Return Receipt / Other]]
Location / Address where served or posted: ____________________
Server Signature: ________________________________
Server Printed Name: [[Server Name]]
Server Title/Relation: [[Process Server / Agent / Landlord]]
Additional Provisions
- All amounts demanded must be paid in full; acceptance of partial payment does not constitute a waiver of Landlord's right to proceed with eviction for the balance or other breaches.
- If you vacate as required, Landlord will conduct a move-out inspection and provide an itemized statement of any deductions from security deposit as required by South Dakota law (S.D. Codified Laws § 27-40-410).
- Landlord reserves all rights and remedies available under the lease and South Dakota law, including recovery of possession, unpaid rent, damages, costs, and attorney fees where permitted.
- This notice is given without prejudice to any other notices or actions.
Disclaimer
This South Dakota Eviction Notice template is provided for educational and template use by landlords and property managers. Eviction procedures in South Dakota are strictly governed by statute and court rules. Incorrect notice type, insufficient cure period, improper service, demanding amounts not actually owed, or failure to follow required procedures can result in dismissal of the eviction case, liability for tenant damages, or other penalties. This document is not a substitute for legal advice. Landlords should verify all requirements, amounts, notice periods, and service methods against current South Dakota statutes (Title 27, Chapter 40), local court rules, and consult a licensed South Dakota attorney or use approved court forms before serving. Laws and interpretations are current as of June 2026; always confirm the latest requirements. Tenant screening, fair housing, and other laws also apply. Use at your own risk.
End of South Dakota Eviction Notice
