Eviction Process

SDCL 21-16-2 states that a Three Day Notice to Quit/Vacate must be served on the defendant. If they are not home, the Notice may be posted at the residence 6 hours later.

If the defendant does not leave at the end of the three days the next step is the Summon and Complaint.

The defendant may be made to answer to in four days instead of the standard thirty days. The case may be brought to trial in two days.

After a judgment has been issued then an Execution for Possession can be obtained. The Execution for possession is also known as a Lockout. The lockout allows the Sheriff’s Office to remove the defendant from the property. The landlord is responsible for contacting a locksmith if they do not have keys to the residence. We recommend the landlord change the locks to secure the residence.

If the tenant moves out the eviction will most likely end. The landlord can continue action for any rent or any damages to the property.

If the landlord has the Sheriff’s Office remove a person from the residence and property is left in the residence, the landlord, not the Sheriff’s Office, is responsible for the safe keeping of the renter’s property. Property having a total reasonable value of less than $100.00 is, under the law abandon by the tenant after 10 days of the tenants move from the rental. The property may then be disposed of by the landlord according to the abandon property laws. Property with a total reasonable value over $100.00 must be stored by the landlord for 30 days after the tenant moves. If the tenant does not claim the property during the 30 days, the landlord may treat the property as abandon and dispose of it according to law. If the property is claimed by the tenant during the 30 days, the landlord can make the tenant pay reasonable cost and storage.

Links to Tips on Landlord/Tenant Law

South Dakota Tenants' Rights

US Department of HUD - Renting

South Dakota Codified Laws - Lease or Real Property

Abandon Property by a Tenant

43-32-25. Small amount of tenant's property left on premises presumed abandoned--Disposal by lessor. The property of a lessee, the total reasonable value of which does not exceed five hundred dollars, left on leased residential premises by the lessee for ten days after the lessee has quit the premises, is presumed to have been abandoned by the tenant and the lessor of the residential premises may dispose of the abandoned property.

43-32-26. Storage of tenant's valuable property left on premises--Lien--Disposal as abandoned after waiting period. The property of a lessee, of a total reasonable value exceeding five hundred dollars, left on leased residential premises by the lessee after the lessee has quit the premises, shall be stored by the lessor. The lessor shall have a lien on the property to the extent of the costs of handling and storing the property. After storing the property for thirty days or more the lessor may treat the property as abandoned and dispose of it.

Civil Process Information

Execution of Judgement