Being Evicted
SDCL § 21-16-1 — holding over or rent unpaid for three days, two service attempts, five days to answer, and trial on two days' notice
- A tenant holds over after the lease ends.
- A tenant fails to pay rent for three days after it is due.
- A tenant commits waste, or does or fails to do something that ends the lease under its terms.
Those are among the grounds for an action of forcible entry and detainer. The complaint is in writing and verified, and served with a summons.
Two attempts at service. The sheriff or another authorized person makes at least two attempts to serve the tenant, at least one week apart and both within thirty days. On the second, the summons may be posted on the property, handed to someone living there, and mailed.
The tenant has five days from service to appear and answer. No continuance runs past fourteen days unless the tenant posts security for the rent, and the case may be tried on two days' notice.
A judgment for the landlord is for possession, rents or damages claimed, and costs.
Only a court can order a tenant out. A particular case is a question for a licensed South Dakota attorney or legal aid office.
Sources for this section (5)
- SDCL § 21-16-1 — Grounds for maintenance of action
- SDCL § 21-16-6 — Verified Complaint; Service with Summons; Procedure
- SDCL § 21-16-7 — Time for appearance by defendant
- SDCL § 21-16-8 — Time action brought on for trial; Special venire in jury cases
- SDCL § 21-16-10 — Judgment for plaintiff
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.