South Dakota COVID-19 Eviction Protections for Renters

If you are renting a home or apartment in South Dakota and worried about eviction due to issues related to COVID-19, you may wonder if any special renter protections are still available. This guide explains what COVID-19 eviction protections exist now, what rights you have, and how you can find trustworthy help and resources. Understanding your rights can help you navigate any notices or actions from your landlord more confidently.

Are There Any COVID-19 Eviction Protections Still in Effect in South Dakota?

As of 2024, most federal and state COVID-19 eviction moratoriums have ended in South Dakota. The statewide CDC eviction ban expired in August 2021, and the South Dakota government has not put any state-level moratoriums or ongoing COVID-specific protections for renters in place since then.^[1] However, renters still have basic rights and protections under South Dakota landlord-tenant law, and there are government rent assistance programs for those struggling due to pandemic-related hardship.

What Are Your Rights as a Renter?

Even though COVID-19 eviction bans have expired, landlords in South Dakota must still follow the legal eviction process established by the South Dakota Codified Laws, Chapter 43-32 (Landlord and Tenant).^[2]

• You cannot be evicted without written notice and a chance to respond in court.
• Landlords must provide a valid written notice, typically a 3-Day Notice to Quit for nonpayment of rent.
• You have the right to attend your eviction hearing and present your side.

COVID-Related Emergency Rental Assistance

If you have experienced financial hardship because of COVID-19, you may be eligible for rental assistance. While the federally funded "South Dakota CARES Housing Assistance Program" is now closed, you can contact the South Dakota Department of Social Services for current aid options or referrals.

Official Forms for South Dakota Eviction

Here are the key forms that may affect you as a renter:

• 3-Day Notice to Quit (No official form number)
  When used: If you are behind on rent, your landlord must serve you this written notice demanding you pay within 3 days or face eviction.
  Example: If you miss a rent payment for July, your landlord gives you a 3-Day Notice. You can pay in full within three days to avoid the case moving forward.
  Source: South Dakota Codified Laws 43-32-18
• Summons and Complaint for Eviction (Unlawful Detainer)
  When used: If you do not resolve the issue, your landlord may file these forms with the court. You will then be served with notices for your court date.
  What to do: Carefully read these forms, attend your court hearing, and, if possible, seek legal advice.
  Official form and info: South Dakota Unified Judicial System – Eviction Forms

What Happens If Your Landlord Tries to Evict You?

South Dakota law requires landlords to follow legal procedures. If you receive a 3-Day Notice or a court document, here are your steps:

• Do not ignore any notices. Respond within the timeline on the notice.
• You can pay overdue rent within the 3-day period to stop a nonpayment eviction.
• If served court papers, you have a right to appear and present your case.

Which Tribunal Handles Rental Disputes?

Eviction and rental disputes in South Dakota are heard by the county Circuit Court. Find your local circuit court on the South Dakota Unified Judicial System website.^[3]

How to Respond to an Eviction Notice in South Dakota

Here is an overview of how to respond if you receive an eviction notice:

• Review your notice carefully for the deadline to act.
• Communicate with your landlord if you can resolve the issue.
• Pay the overdue rent (if possible) within the notice period.
• Attend your court hearing if the landlord files for eviction in court.

FAQ: South Dakota COVID-19 Eviction Protections for Renters

1. Are there still COVID-19 eviction bans in South Dakota?
   No. All federal and state-level eviction moratoriums related to COVID-19 have expired. Standard eviction laws now apply.
2. Can my landlord evict me if I lost income because of COVID-19?
   Yes. Unless you are protected by a specific program or are able to pay rent, landlords may proceed with eviction following state law.
3. How do I respond to a 3-Day Notice to Quit?
   Pay the overdue rent within 3 days, or contact your landlord to discuss your options. If you do not comply, you may receive court papers for eviction.
4. Where do I find official forms for eviction in South Dakota?
   Official forms and instructions are provided by the South Dakota Unified Judicial System.
5. Whom do I contact if I need emergency rental help?
   The South Dakota Department of Social Services can connect you with rental assistance or housing support services.

Key Takeaways for South Dakota Renters

• COVID-19 eviction moratoriums have ended, but renters still have legal rights under state law.
• Always review and respond to any eviction notices you receive. Seek help early if you are struggling.
• Visit official government resources for up-to-date forms, aid, and renter support.

Need Help? Resources for Renters

• South Dakota Unified Judicial System – Eviction Forms and Info
• South Dakota Department of Social Services (Rental assistance and support services)
• South Dakota Legal Aid / SD Law Help (Free legal aid information for renters)
• Find Your County Circuit Court

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1. CDC National Eviction Moratorium Expiration: CDC COVID-19 Eviction Protection
2. South Dakota Codified Laws, Chapter 43-32 – Landlord and Tenant: Landlord and Tenant Statutes
3. South Dakota Unified Judicial System – Circuit Courts: Find Circuit Court Contacts

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