NEW Eviction Laws

Posted By: Denise Hanzlik Industry, SDMHA Resources,

Two pieces of legislation changed processes for rental properties in South Dakota:

SB89 Reduced the notice requirement period to terminate a tenancy at will.  SDCL 43-8-8 For your tenants that are on a month to month residential lease, the notice requirement was reduced to fifteen (15) days instead of thirty (30) days. It also added a new section to SDCL 43-8-9, regarding tenancy at a commercial property, notice to vacate can be given not less than one month.

SB90 Revise and repeal provisions related to forcible entry and detainer. SDCL 21-16-2 (Notice to quit) was removed and SDCL 21-16-7 was amended to change the Summons & Complaint from a four day to a five day.

Your new eviction process begins with the Summons & Complaint, now a 5 day.

The rental lease, house lease and security deposit forms have all been updated. You must be signed into your user account to access.