How many days do I have to fix the problem after receiving a Cure or Quit notice in South Dakota?

Most lease violations, including nonpayment of rent, require a 3-day notice to pay or cure the issue. Read your notice carefully for the specific deadline.

What if I fix the problem within the time allowed?

If you cure the violation as described in the notice, your landlord cannot proceed with eviction for that issue (unless there’s a repeat violation).

Can I be evicted immediately for any violation?

No. For most lease breaches, you must first receive a written notice with a chance to cure, except for rare cases like illegal activity or severe damage.

What should I do if I receive a court Summons and Complaint?

Read it carefully. Prepare to respond in court by gathering any evidence or documentation. You may wish to consult legal help or appear in court to explain your side.

Does my landlord have to use a specific Cure or Quit notice form?

No official statewide form is required. However, the notice must be in writing and clearly explain the violation and timeframe to fix it.

Cure or Quit Notices: What South Dakota Renters Need to Know

Evictions & Lease Violations South Dakota published: June 21, 2025

If you’ve received a notice from your landlord due to a lease violation in South Dakota, you might be facing a "Cure or Quit" notice. Understanding these notices is crucial—they give you a chance to fix the problem and keep your home. This clear guide explains your rights and the steps you need to take if you receive a Cure or Quit notice, using the latest South Dakota laws and official resources.

What Is a Cure or Quit Notice?

A Cure or Quit notice is a formal written notice from your landlord stating you have violated your lease agreement, but you have an opportunity to "cure" (fix) the problem. If you do not correct the issue within a certain timeframe, your landlord may move forward with eviction proceedings.

When Can a Landlord Give a Cure or Quit Notice in South Dakota?

Under South Dakota Codified Laws § 21-16-1, landlords can serve a Cure or Quit notice for certain lease violations, such as:

Failure to pay rent
Breaking other lease terms (e.g., unauthorized pets, disturbances, damage, etc.)
Other breaches as specified in your rental agreement

Typically, for nonpayment of rent, a three-day (3-day) written notice is required.

Key Features of a Cure or Quit Notice

States the violation: Clearly describes what part of the lease you violated
Gives a deadline to fix: Usually 3 days for rent or other issues
Explains consequences: If not cured in time, landlord may file for eviction

Official Forms: What Should You Expect?

South Dakota law does not prescribe an official statewide form for a Cure or Quit notice, but landlords must provide written notice as required by law. The South Dakota Unified Judicial System provides an official form for the subsequent step if the issue isn’t resolved:

Notice to Quit (3-Day Notice of Eviction):
UJS Form 309 – 3 Day Notice to Quit Premises
Use: This form is served by a landlord if a tenant does not fix the violation or pay owed rent within the 3-day period. It starts the formal eviction process. For example, if you have not paid your rent and do not pay within 3 days of your first Cure notice, you may receive this form next.
Summons and Complaint for Eviction:
UJS Form 310 – Summons and Complaint
Use: Filed in court by the landlord if you remain after the notice period. You will receive this summoning you to eviction court. For example, this step happens if you do not move out or resolve the issue after the 3-day notice.

Always read any notice or form carefully and note the deadlines.

Who Handles Eviction Hearings?

Eviction matters in South Dakota are handled by the South Dakota Unified Judicial System (Circuit Courts). This is where your landlord files for eviction after notice periods expire.

Your Rights and What to Do If You Receive a Cure or Quit Notice

It's stressful to receive a notice, but you have rights and options:

Carefully read the notice and identify the alleged violation.
If about unpaid rent, pay the full amount owed within the 3-day timeline if possible.
If it’s a different lease issue, correct it as described before the deadline (for example, remove an unauthorized pet or resolve a noise complaint).
Keep written proof of any payments, repairs, or communication with your landlord.
If you disagree with the claim, you can respond in writing and keep a copy for your records. Explain your position clearly and politely.
If the situation escalates, you will receive a Summons and Complaint. Prepare for court. You have the right to appear and present your side.

If you need advice or are unsure about your situation, seek help from state or legal aid resources before deadlines pass.

Timeline: How Much Time Do You Have?

The most common timeline for lease violations and nonpayment of rent is a 3-day notice. This means you have 3 days (not counting the day of service) to fix the issue or leave the property.
If you do not act in time, your landlord may file for eviction with the court.

What Happens After the 3-Day Period?

If you do not cure the violation or move out, your landlord can file a Summons and Complaint with the Circuit Court. You will be notified of a hearing date where you may defend your case. To learn more, visit the South Dakota Circuit Court overview page.

Understanding the Law

All South Dakota landlord-tenant rights, including eviction procedures, are set out in the South Dakota Codified Laws Chapter 21. You can review § 21-16-1 (Unlawful Detainer) for the official statute covering eviction notices and timelines.

FAQ: South Dakota Cure or Quit Notices

How many days do I have to fix the problem after receiving a Cure or Quit notice in South Dakota?
Most lease violations, including nonpayment of rent, require a 3-day notice to pay or cure the issue. Read your notice for the specific deadline.
What if I fix the problem within the time allowed?
If you cure the violation as described in the notice, your landlord cannot proceed with eviction for that issue (unless there’s a repeat violation).
Can I be evicted immediately for any violation?
No. For most lease breaches, you must first receive a written notice with a chance to cure, except for rare cases like illegal activity or severe damage.
What should I do if I receive a court Summons and Complaint?
Read it carefully. Prepare to respond in court by gathering any evidence or documentation. You may wish to consult legal help or appear in court to explain your side.
Does my landlord have to use a specific Cure or Quit notice form?
No official statewide form is required. However, the notice must be in writing and clearly explain the violation and timeframe to fix it.

Conclusion and Key Takeaways

Understanding Cure or Quit notices helps protect your rights as a renter. Remember:

You usually have at least 3 days to fix a lease violation or unpaid rent before eviction starts.
Carefully read all notices and keep records of your response.
If you receive a 3-day eviction notice or court papers, act promptly and consider seeking legal help.

By knowing the process and your rights, you can improve your chances of resolving issues and staying in your home.

Need Help? Resources for Renters

South Dakota Unified Judicial System – Information on eviction proceedings and court forms.
Find Your Local Circuit Court – Locate the court if you need to file or respond to eviction actions.
South Dakota Department of Social Services: Housing Assistance – Support for renters in need.
South Dakota Legal Aid – Free legal services for eligible renters facing eviction or housing disputes.