South Dakota 30-Day vs. 7-Day Eviction Notice Guide for Renters

If you're a renter in South Dakota and you've received an eviction notice, understanding your rights and what comes next is crucial. Eviction notices in South Dakota are typically issued as either 30-day or 7-day notices, depending on the reason for eviction. This article explains the differences, your rights, and the steps you should consider if you receive one of these notices.

Understanding Eviction Notices in South Dakota

In South Dakota, eviction begins with a written notice from your landlord. The type of notice and how much time you are given to move out or correct a problem depends on the situation. The two most common eviction notices are:

• 30-Day Notice to Vacate: Used for ending a month-to-month tenancy without alleging lease violations.
• 7-Day Notice to Quit: Used for non-payment of rent, lease violations, or nuisance complaints.

These timeframes are set by South Dakota's landlord-tenant laws, found in the South Dakota Codified Laws Chapter 21-16 Eviction and Forcible Entry.

What Is a 30-Day Eviction Notice?

A 30-day notice is typically used for "no cause" evictions involving month-to-month rental agreements. This means your landlord does not need to provide a reason for asking you to move, unless you have a lease for a set period.

• You must be given at least 30 days' written notice.
• You do not have to be behind on rent or have violated your lease.
• If you are still living in the property when the notice period ends, your landlord can file for eviction through the courts.

See SDCL 43-32-13 - Termination of Tenancy Without Stated Cause for specific language of the law.

What Is a 7-Day Eviction Notice?

A 7-day eviction notice is a formal warning to a renter to correct a problem or vacate the property. This is most often used for:

• Not paying rent on time
• Violating terms of your lease (such as having unauthorized pets or guests)
• Creating a nuisance or unlawful behavior

Landlords must give you this written notice before starting eviction proceedings. If you correct the issue (for example, by paying all owed rent), you may be able to remain in the unit. Otherwise, you must move out by the end of the 7 days, or your landlord can begin a court process.

More details can be found under SDCL 43-32-18 - Notice for Default or Breach of Conditions.

Required Official Forms in a South Dakota Eviction

Eviction in South Dakota involves several formal government forms and steps lined out in law.

• Eviction (Unlawful Detainer) Summons and Complaint
  This is the court paperwork your landlord files after the required notice period passes. It begins the formal eviction process. If you receive these documents, you have five days to respond.
  South Dakota UJS Form UJS-316: Summons for Unlawful Detainer
• Answer to Unlawful Detainer
  This is your official response form if you've been served with an eviction summons. Completing this form tells the court your side and preserves your right to a hearing.
  South Dakota UJS Form UJS-317: Answer of Defendant

Practical Example: If you receive a 7-day notice and do not move or solve the problem in time, your landlord might file UJS-316 with your county court. You would then get court papers and need to quickly complete UJS-317 to present your defense.

Where Are Eviction Cases Handled?

Eviction cases in South Dakota are decided by the local Circuit Court of your county. Renters can find contact details, filing information, and court forms on the South Dakota Unified Judicial System website.

Key Rights and Responsibilities for South Dakota Renters

Understanding your rights helps protect you throughout the eviction process:

• You must always receive proper written notice before legal eviction.
• You are entitled to a court hearing if your landlord files for eviction.
• You cannot be locked out or have utilities shut off without a court order.
• If you fix the problem (such as paying rent in full), you may avoid eviction for some violations, depending on the circumstances.

What Should I Do If I Get a 30-Day or 7-Day Notice?

If you receive any eviction notice, read it carefully. Check the notice for:

• The reason for the notice (if given)
• The amount of time you have to correct a problem or move
• Any instructions about how you can respond or who to contact

Action Steps:

1. Review the notice for details and dates.
2. Contact your landlord if you can solve the problem (such as paying missing rent or discussing concerns).
3. Prepare to move if you cannot resolve the issue or if you're on a month-to-month lease and have received a 30-day notice.
4. If you receive court papers (Summons and Complaint), fill out the "Answer" form quickly.
5. Attend your court hearing and bring all evidence or proof that may help your case.

If you are unsure about next steps, speaking to a lawyer or a local housing assistance agency may be helpful.

Frequently Asked Questions About South Dakota Eviction Notices

1. Can I be evicted without a written notice in South Dakota?
   No, South Dakota law requires landlords to provide written notice before filing an eviction case in court.
2. What happens if I don't respond to an eviction summons?
   If you do not respond within the time listed (usually five days), the court may enter a default judgment against you, and you could lose your right to present your side.
3. Do I have to move out if I pay my overdue rent after a 7-day notice?
   Sometimes yes—if this is your only violation, paying all back rent within the time given may allow you to remain, but your landlord is not required to accept late rent for repeated or serious breaches.
4. Where do I file a complaint if I believe my eviction is unlawful?
   You can raise your defense in the Circuit Court. If you need help, contact the South Dakota Unified Judicial System or a legal service provider.
5. How much notice should I get before an eviction in South Dakota?
   Usually, 7 days for most lease violations or nonpayment, and 30 days for "no cause" terminations of month-to-month leases.

Need Help? Resources for Renters in South Dakota

• South Dakota Unified Judicial System – Find forms, court locations, and help for eviction cases.
• South Dakota Department of Human Services – Housing resources and assistance programs.
• South Dakota Legal Services – Free or low-cost legal help for renters if you qualify.
• HUD South Dakota Rental Assistance – Federal rental assistance information.

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1. South Dakota eviction notice and process requirements: South Dakota Codified Laws Chapter 21-16
2. Notice periods for tenancies: SDCL 43-32-13
3. Notice for violations/default: SDCL 43-32-18
4. Official eviction forms and court process: South Dakota Unified Judicial System Forms
5. Counties and courts: South Dakota Circuit Courts

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