How to evict a tenant in South Dakota: the forcible entry and detainer action
South Dakota handles evictions as forcible entry and detainer actions in circuit or magistrate court. Grounds include a holdover and rent unpaid three days after it is due. You file a verified complaint, the officer tries service twice at least a week apart, the tenant has five days after service to appear, and trial can be set on two days' notice. The statutes I read do not set a pre-suit notice for nonpayment, so check the lease and your court.
On what grounds can a South Dakota landlord file?
Under South Dakota Codified Law 21-16-1, an action of forcible entry and detainer, or of detainer only, is maintainable in several situations. The tenant ones are in subdivisions 4 and 7: a lessee who holds over after the lease ends, or "fails to pay his rent for three days after the same shall be due," and a lessee who commits waste or does or fails to do any act that, under the lease, ends it. Section 21-16-3 gives jurisdiction to the circuit court and to a magistrate court presided over by a magistrate judge, in the county where the property is.
Notice about ending the tenancy itself sits in Title 43. Under 43-32-15, a rental for no set term renews unless one party gives notice of intent to end it at least as long before the end as the term of the hiring, up to one month. Section 43-32-18 lets a landlord end a lease early when the tenant uses the premises against the lease or fails to make repairs the tenant must make within a reasonable time after a request.
How do you start the case and serve the tenant?
The complaint has to be in writing, verified by the plaintiff or the plaintiff's agent or signed by the plaintiff's attorney, and served with a summons (21-16-6). The sheriff, a person authorized to serve under 15-6-4(c), or a constable must try to serve the tenant at least twice. The two attempts must be at least one week apart and both within thirty days. On the second attempt the summons can be posted in a conspicuous place on the property, delivered to someone living there if found, and also mailed first class to the tenant at the property address.
How quickly does it move to trial?
Section 21-16-7 sets the time for appearance and pleading at five days from service, or thirty days after publication where that service is used, whichever comes first. No adjournment or continuance may run more than fourteen days unless the defendant gives an undertaking, with a surety the court approves, to pay the rent that may accrue and costs. Under 21-16-8 the case may be brought on for trial on two days' notice after issue is joined, and if a jury is demanded and none is waiting, a special venire is called.
Example a made-up landlord files on Monday, November 2, 2026, and the officer serves the summons on Wednesday, November 4. The tenant has until Monday, November 9 to appear and plead. After the tenant responds, the court may notice the trial for two days later, so a hearing as early as Wednesday, November 11 is possible, while any continuance beyond fourteen days needs the undertaking.
What does a judgment look like, and who removes the tenant?
A finding for the plaintiff produces a judgment for delivery of possession, for rents and profits or damages if claimed in the complaint, and for costs (21-16-10). The court may tax reasonable attorney fees to the prevailing party who is represented by a licensed attorney (21-16-11). An execution for possession can be served only in the daytime (21-16-12).
What could undermine a South Dakota eviction?
Section 43-32-27 creates a cause of action for retaliation. If a landlord raises rent above fair market value, cuts electric, gas, water or sewer service, or gives notice to vacate that is not based on a breach, after a good-faith complaint to a housing or building code agency, a written repair request under 43-32-9, or the tenant joining a tenant organization, the tenant may sue. It is a defense that the notice came more than 180 days after that event, and not renewing a written lease at its expiration is not retaliation.
- Posting the summons on the first service attempt: the statute allows it only on the second.
- Treating an unpaid-rent filing as safe after a tenant's written repair request without checking the retaliation section.
- Serving an execution at night.
Where does DoorKeeping fit?
DoorKeeping keeps each property's lease, rent ledger and the notices you send together, which is the paper trail a court asks for. You still serve the notice and file the case yourself. DoorKeeping gives general information, not legal advice. Check the current statute and your court's local rules, and talk to a local attorney if the case is contested.
Sources
- SDCL 21-16-1, Grounds for maintenance of action (South Dakota Legislature), read Oct 30, 2026
- SDCL 21-16-6, 21-16-7 and 21-16-8, Complaint, service, appearance and trial (South Dakota Legislature), read Oct 30, 2026
- SDCL 43-32-27, Cause of action against lessor for retaliatory conduct (South Dakota Legislature), read Oct 30, 2026
Questions
- Can a South Dakota landlord evict for rent unpaid three days?
- Yes, an action is maintainable if a lessee fails to pay rent for three days after it is due (21-16-1(4)).
- How many times must a South Dakota officer try to serve the tenant?
- At least twice, at least a week apart and within thirty days, with posting allowed on the second attempt (21-16-6).
- How long does a South Dakota tenant have to appear?
- Five days from service of the summons (21-16-7).