South Dakota Notice to Quit

South Dakota Notice to Quit - Why it is important?

You can use the notice to quit form to end your South Dakota Residential Lease if the tenant has failed to pay rent. The South Dakota Notice to Quit Form should not be confused with the "Writ of Possession" (read more about South Dakota eviction notice) which is issued by the courts. The Notice to Quit Form is the beginning of the eviction process, and it communicates the intention to initiate eviction proceedings if a tenant does not comply with an order and remains on the premises beyond the specified date. If the tenant does not comply with the notice (for example they must pay rent or quit the lease and vacate the premises), you may be forced to take legal action to have the tenant removed from the property. If the notice has been ignored by the tenant and the move out date in the notice has passed, you have grounds to bring forth a lawsuit for “unlawful detainer”, in which case the tenant has the option to fight the eviction in court.

• Serving a Notice to Quit is one of the first steps South Dakota property management companies can take to regain possession of rental property from the tenant.

• South Dakota Notice to Quit notifies tenants they have violated the terms of the lease agreement and must vacate the premises within a certain period of time if they cannot comply with the remedy order.

South Dakota Notice to Quit – When should it be used?

Before starting the eviction process, a landlord or property manager in South Dakota must serve a Notice to Quit when a tenant has violated the lease terms or when the landlord seeks to terminate the tenancy. The notice informs the tenant that they must either correct the violation (if permitted) or vacate the property within the legally required timeframe.

• First Step in Eviction: A Notice to Quit is typically the first legal step required before a landlord can file a Forcible Entry and Detainer (eviction) action in South Dakota court.
• Violation Notification:  The notice informs the tenant of the specific lease or statutory violation and states whether the tenant must vacate or, if applicable, may remedy the issue within the stated period.
• Legal Requirement: South Dakota law requires proper service of the appropriate Notice to Quit before initiating eviction proceedings. Failure to serve the correct notice may result in dismissal of the eviction case.
• Common Reasons: A South Dakota Notice to Quit is commonly issued for nonpayment of rent, material lease violations, unlawful activity, property damage, unauthorized occupants, or termination of a periodic tenancy.
• Notice Periods: 3-day notice to pay rent or quit for nonpayment of rent. 30-day notice to terminate a month-to-month tenancy without cause.
• Tenant’s Right to Cure:  South Dakota law does not automatically grant tenants the right to cure in all situations. In cases of nonpayment or certain violations, the landlord may demand possession after the notice period unless the landlord chooses to accept payment or allow correction of the violation.

Property managers can use property management software to track each individual South Dakota rental lease and make sure their tenants are paying the correct amount of rent and on time.

South Dakota Notice to Quit – What should be included?

The South Dakota Notice to Quit Form must contain the reason for serving the Notice to Quit and the amount of time the tenant has. The problem must be clearly stated on the notice, so the tenant has reasonable awareness and can either correct the issue, or vacate the rental property. Here are some of the basic details that should be included if the rental property is in South Dakota:

1. Address of the Rental Property: Full legal address, including unit number if applicable.
2. Name of Tenant and Other Persons: Full legal names of all tenants and other individuals required to vacate.
3. Date of the Notice: The date when the Notice to Quit is issued.
4. Landlord or Property Manager's Name: The full name or legal business name of the landlord or entity issuing the notice.
5. Notice Period: Clearly specify the notice duration (e.g., 3 days for nonpayment & and 30 days for termination of month-to-month tenancies).
6. Move-Out Date (Vacate Date): The exact date by which the tenant must vacate the property.
7. Reason for Lease Termination: Clearly state the reason (e.g., nonpayment, lease violation).
8. Signature of Party Giving Notice: The signature of the landlord or tenant, depending on who is initiating the notice.
9. Legal Disclaimer: A statement confirming compliance with South Dakota Civil Code and specifying that the notice may not be valid outside South Dakota.

South Dakota Notice to Quit – What should I do with it?

The Notice to Quit Form must be “served” to the tenant by either Personal Service or Mail Service. In some states you can leave it at the rental property right on the front door, but in most cases it is better for you to have an independent party take two copies of the South Dakota Notice to Quit to the rental property, give one to the tenant in person, and get their signature on second copy so that you can retain for your records. If you are mailing the Notice to Quit, you should send the South Dakota Notice to Quit Form using First Class Certified Mail and retain the receipt.

South Dakota Notice to Quit – What else should I know?

There are generally three types of South Dakota Notice to Quit Forms. The South Dakota Notice to Quit for Nonpayment of Rent can be used when rent is not paid, and the tenant may be given a short period to either pay up or move out. The South Dakota Notice to Quit Form for Termination of Tenancy is similar to the South Dakota Notice to Vacate Form and can be used to inform the tenant to leave after the lease is up (common with month to month leases in South Dakota), or if there is no lease and you just want the tenant to leave. It is different from the South Dakota Lease Termination Form, which terminates the South Dakota Lease Agreement when there are other breaches in contract. The South Dakota Notice to Quit Form for Health Hazard and Physical Injury should be used if the tenant creates a health hazard or physical injury to the property which is serious or continuing. These forms must be detailed and specific, because an inaccurate or incomplete statement of the problems could cause a later eviction complaint to be dismissed.

After receiving the Notice to Quit, the amount of time a tenant has until they have to comply or vacate the property will vary by state, so you should be sure to check with the laws in South Dakota. In some states, tenants are given a 30 Day Notice to Quit, while in other states, a 3 Day Notice to Quit is acceptable.

Key Terms & Provisions

A South Dakota Notice to Quit is a legal document used by either a landlord or a tenant to formally notify the other party that they intend to end the Rental Agreement. It must comply with South Dakota Civil Code and be delivered in a legally acceptable way:

• Date of Notice – The specific calendar date when the notice is issued.
• Names of All Parties Involved – Full legal names of the tenant(s) and landlord/property manager.
• Rental Property Address – Full legal address and unit description.
• Notice Period: Clearly state the notice length.
• Move-Out Date
• Reason for Termination
• Signature of Party Giving Notice: Landlord’s or tenant’s signature depending on who is initiating the notice.
• Legal Disclaimer: A statement acknowledging that the form complies with South Dakota Civil Code and may not be valid outside South Dakota.

Why South Dakota Landlords & Property Managers Choose SimplifyEm Notice to Quit Template?

We understand the importance of handling lease terminations legally and efficiently in South Dakota. That’s why our South Dakota Notice to Quit Template is designed to simplify the process and reduce legal risk. Here’s why landlords and property managers trust SimplifyEm’s template:

• Legally Compliant – Our Notice to Quit form is up-to-date with South Dakota Civil Code and local laws, ensuring your notices are valid and enforceable.
• Flexible Notice Periods – The template supports legally required South Dakota notice timelines, such as 3 days to cure lease violations, and 30 days for termination of month-to-month tenancies, depending on the situation.
• Simple & User-Friendly – Designed for ease of use, our template allows landlords to quickly fill in essential details and issue notices accurately.
• Helps Prevent Disputes – Clear language and proper documentation reduce the risk of misunderstandings or legal challenges during move-out.
• Trusted by Thousands – SimplifyEm is a top-rated provider of property management tools, trusted by property owners nationwide.

Why choose us