South Dakota Eviction notice (nonpayment)

Related South Dakota rules

Eviction court process & timeline

The tenant has 5 days from service to appear and plead. Continuances are limited to 14 days unless the tenant posts an undertaking for accruing rent.

Verified Source: SDCL 21-16-7 · last checked 2026-10-15 · Full South Dakota eviction court process & timeline page

Eviction filing fees

The clerk fee statute lists no separate eviction fee. Civil cases filed for jury or court trial carry a $25 clerk fee, and issuing a writ or execution is $5. Surcharges set in other sections were not searched.

Verified Source: SDCL § 16-2-29(3)(a), (5)(c) · last checked 2026-10-23 · Full South Dakota eviction filing fees page

Lockouts and utility shutoffs

If a residential landlord unlawfully removes or excludes the tenant, or willfully cuts electric, gas, water or other essential services, the tenant may seek an injunction, recover possession, or end the lease. In any case the tenant recovers 2 months' rent in damages plus return of advance rent and deposit.

Verified Source: SDCL § 43-32-6 · last checked 2026-10-15 · Full South Dakota lockouts and utility shutoffs page

Retaliation protections

A tenant may sue if the landlord raises rent above market value, cuts electric, gas, water or sewer service, or gives a notice to vacate that is not based on a lease breach after any of these: a good-faith code complaint to a government agency, written repair notice under § 43-32-9, or organizing or joining a tenant organization.

Verified Source: SDCL § 43-32-27 · last checked 2026-10-23 · Full South Dakota retaliation protections page

Holdover tenants

If a tenant stays after the lease ends and the landlord accepts rent, the lease is presumed renewed on the same terms and for the same length of time, but not more than one year.

Verified Source: SDCL § 43-32-14 · last checked 2026-10-15 · Full South Dakota holdover tenants page

Rent withholding / escrow

If needed repairs cost more than one month's rent, the tenant may, after written notice stating the reason, withhold rent and immediately deposit it in a separate bank or savings and loan account used only for the repairs, giving the landlord written proof. The money goes to the landlord once repairs are made, or the tenant can use it to pay for them once enough accumulates.

Verified Source: SDCL § 43-32-9 · last checked 2026-10-15 · Full South Dakota rent withholding / escrow page