South Dakota Landlord Tenant Law - Click here to return to US Landlord

State of South Dakota Eviction Law


 21-3-6. Treble damages for forcible exclusion from real property.
For forcibly ejecting or excluding a person from the possession of real property, the measure of
damages is
three times such a sum as would compensate for the detriment caused to him by the act
complained of. 

Source: CivC 1877,  1977; CL 1887,  4610; RCivC 1903,  2322; RC 1919,  1994; SDC
1939 & Supp
1960,  37.1907.


 21-3-7. Double damages for failure of tenant to give up premises after notice of intention.
For the failure of a tenant to give up the premises held by him, when he has given notice of his
intention to
do so, the measure of damages is double the rent which he ought otherwise to pay. 

Source: CivC 1877,  1975; CL 1887,  4608; RCivC 1903,  2320; RC 1919,  1992; SDC
1939 & Supp
1960,  37.1905.

See Cal Civ Code,  3344.


 21-3-8. Double damages for holding over by tenant after expiration of term and notice to quit.
For willfully holding over real property, by a tenant after the end of his term, and after notice to
quit has been
duly given, and demand of possession made, the measure of damages is double the yearly value of
the
property, for the time of withholding, in addition to compensation for the detriment occasioned
thereby. 

Source: CivC 1877,  1976; CL 1887,  4609; RCivC 1903,  2321; RC 1919,  1993; SDC
1939 & Supp
1960,  37.1906.

See Cal Civ Code,  3345.


CHAPTER 21-16.

FORCIBLE ENTRY AND DETAINER

Section

21-16-1. Grounds for maintenance of action. 
21-16-2. Notice to quit required before commencement of proceedings - Service and return. 
21-16-3. Jurisdiction of courts. 
21-16-4. Joinder of actions. 
21-16-5. Survival of cause despite death of plaintiff. 
21-16-6. Verified complaint required - Service with summons - Procedure as in other actions. 
21-16-7. Time allowed for appearance by defendant - Undertaking required for adjournment. 
21-16-8. Time action brought on for trial - Special venire in jury cases. 
21-16-9. Certification to circuit court of title and boundary questions raised in magistrate court. 
21-16-10. Judgment for plaintiff - Elements included. 
21-16-11. Attorney fees taxed as costs. 
21-16-12. Time of serving execution. 


 21-16-1. Grounds for maintenance of action.
An action of forcible entry and detainer, or of detainer only, is maintainable: 
(1) If a party has by force, intimidation, fraud, or stealth, entered upon the prior actual possession
of real
property or the occupied structure of another, and detains the same; 
(2) If a party, after entering peaceably upon real property or an occupied structure, turns out by
force, threats,
or menacing conduct, the party in possession; 
(3) If a party by force or by menaces and threats of violence unlawfully holds and keeps the
possession of
any real property, or occupied structure, whether the same was acquired peaceably or otherwise; 
(4) If a lessee in person or by subtenants holds over after the termination of his lease or expiration
of his
term, or fails to pay his rent for three days after the same shall be due; 
(5) If a party continues in possession after a sale of the real property or occupied structure under
mortgage,
execution, order, or any judicial process, after the expiration of the time fixed by law for
redemption, and
after the execution and delivery of a deed or instrument of ownership; 
(6) If a party continues in possession after a judgment in partition, or after a sale under an order
or decree of
a circuit court; 
(7) If a lessee commits waste upon the leased premises, or does or fails to perform any act which,
under the
terms of the lease operates to terminate the same. 
The term, occupied structure, used in this chapter is defined in subdivision 22-1-2 (28). 

Source: JustC 1877,  34; CL 1887,  6073; RJustC 1903,  44; RC 1919,  2171; SL 1931, ch
122; SDC
1939 & Supp 1960,  37.3902; SL 1992, ch 156,  1.


 21-16-2. Notice to quit required before commencement of proceedings - Service and return.
In all cases arising under subdivisions 21-16-1 (4), (5) and (6), three days' written notice to quit
must be
given to the lessee, subtenant, or party in possession, before proceedings can be instituted, and
may be
served and returned in like manner as a summons is served and returned. On the second service
attempt, at
least six hours after the previous service attempt, the notice to quit may be posted in a
conspicuous place on
the property, and also delivered to a person there residing, if such person can be found; and also
sent by first
class mail addressed to the tenant at the place where the property is situated. 

Source: JustC 1877,  35; CL 1887,  6074; RJustC 1903,  45; RC 1919,  2172; SDC 1939 &
Supp
1960,  37.3903; SL 1986, ch 173.


 21-16-3. Jurisdiction of courts.
Any circuit court or magistrate court presided over by a magistrate judge has jurisdiction in any
case of
forcible entry and detainer, or of detainer only, of real property or an occupied structure within its
county. 

Source: JustC 1877,  33; CL 1887,  6072; RJustC 1903,  43; SL 1907, ch 191,  10, subdiv 5;
1909, ch
176,  4, subdiv 5; 1911, ch 196,  3, subdiv 6; 1913, ch 278,  1, subdiv 6; RC 1919,  2122
(6), 2170;
SDC 1939 & Supp 1960,  37.3901; SL 1974, ch 153,  38; 1992, ch 156,  2.


 21-16-4. Joinder of actions.
An action under the provisions of this chapter cannot be brought in connection with any other
except for
rents and profits or damages but the plaintiff may bring separate actions for the same if he so
desire. 

Source: SL 1881, ch 87,  2; CL 1887,  6080; RJustC 1903,  51; RC 1919,  2178; Supreme
Court Rule
596, 1939; SDC 1939 & Supp 1960,  37.3906.


 21-16-5. Survival of cause despite death of plaintiff.
The legal representative of a person who might have been plaintiff, if alive, may bring an action
under this
chapter after his death. 

Source: JustC 1877,  36; CL 1887,  6075; RJustC 1903,  46; RC 1919,  2173; SDC 1939 &
Supp
1960,  37.3904.


 21-16-6. Verified complaint required - Service with summons - Procedure as in other actions.
The complaint must be in writing and verified by the plaintiff or his agent or signed by his
attorney, and
served with a summons, and the procedure, except as otherwise provided, shall be the same as in
other
actions in the court where the action is pending. 

Source: JustC 1877,  37; CL 1887,  6076; RJustC 1903,  47; RC 1919,  2174; SDC 1939 &
Supp
1960,  37.3905.


 21-16-7. Time allowed for appearance by defendant - Undertaking required for adjournment.
The time for appearance and pleading shall be four days from the time of service on the defendant,
and no
adjournment or continuance shall be made for more than five days, unless the defendant applying
therefor
shall give an undertaking to the plaintiff with good and sufficient surety to be approved by the
court,
conditioned for the payment of the rent that may accrue, together with costs if judgment be
rendered against
the defendant. 

Source: JustC 1877,  38; CL 1887,  6077; RJustC 1903,  48; RC 1919,  2175; Supreme
Court Rule
597, 1939; SDC 1939,  37.3907; Court Rule adopted September 29, 1945.


 21-16-8. Time action brought on for trial - Special venire in jury cases.
An action under this chapter may be brought on for trial upon two days' notice after issue is
joined. If a jury
trial be demanded and no jury is in attendance on the day the action is noticed for trial, the court
shall cause a
special venire to issue as in cases where extra jurors are required, and proceed to impanel a jury
and try the
action as in other civil cases. 

Source: SL 1907, ch 191,  20; 1909, ch 176,  7; 1911, ch 196,  6; 1913, ch 278,  4; RC
1919,  2246;
Supreme Court Rule 597, 1939; SDC 1939,  37.3907; Court Rule Adopted September 29, 1945.


 21-16-9. Certification to circuit court of title and boundary questions raised in magistrate court.
If the title to or boundary of the real property or the title to an occupied structure in any wise
comes in
question, in magistrate court, the case shall be certified to the circuit court as provided by rule of
the
Supreme Court. 

Source: JustC 1877,  37; CL 1887,  6076; RJustC 1903,  47; SL 1907, ch 191,  10; 1909, ch
176,  4;
1911, ch 196,  3; 1913, ch 278,  1; RC 1919,  2122 (6), 2174; SDC 1939 & Supp 1960, 
37.3905; SL
1974, ch 153,  39; 1992, ch 156,  3.


 21-16-10. Judgment for plaintiff - Elements included.
If the finding of the court or the verdict of the jury be in favor of the plaintiff, the judgment shall
be for the
delivery of possession to the plaintiff, and for rents and profits or damages, where the same are
claimed in
the complaint, and for costs. 

Source: SL 1881, ch 87,  1; CL 1887,  6078; RJustC 1903,  49; RC 1919,  2176; SDC 1939
& Supp
1960,  37.3908.


 21-16-11. Attorney fees taxed as costs.
In all cases of forcible entry and detainer, or detainer only, the court shall tax as a part of the costs
in the
case, to the prevailing party, five dollars as attorney fees, whether a trial is had or not, whenever
an attorney
who is licensed by the Supreme Court of this state shall have appeared in such action in behalf of
such
prevailing party. 

Source: SL 1883, ch 51,  1; CL 1887,  6079; RJustC 1903,  50; RC 1919,  2177; SDC 1939
& Supp
1960,  37.3909.


 21-16-12. Time of serving execution.
No execution for possession can be served except in the daytime. 

Source: SL 1881, ch 87,  2; CL 1887,  6080; RJustC 1903,  51; RC 1919,  2178; SDC 1939
& Supp
1960,  37.3908.





 43-8-8. Estate at will - Termination by notice of not less than one month.
A tenancy or other estate at will, however created, may be terminated by the landlord's giving
notice to the
tenant in the manner prescribed by  43-8-9 to remove from the premises within a period,
specified in the
notice, of not less than one month. 

Source: CivC 1877,  239; CL 1887,  2755; RCivC 1903,  262; RC 1919,  332; SDC 1939, 
51.0501.


 43-8-9. Written notice to terminate estate at will required - Manner of delivery - Posting on
premises.
The notice prescribed by  43-8-8 must be in writing, and must be served by delivering the same
to the
tenant, or to some person of discretion residing on the premises; or if neither can, with reasonable
diligence,
be found, the notice may be served by affixing it on a conspicuous part of the premises, where it
may be
conveniently read. 

Source: CivC 1877,  240; CL 1887,  2756; RCivC 1903,  263; RC 1919,  333; SDC 1939, 
51.0502.


 43-8-10. Estate at will - Termination by notice - Reentry by landlord or action for possession.
After the notice prescribed by  43-8-8 and 43-8-9 has been served in the manner therein
directed, and the
period specified by such notice has expired, but not before, the landlord may reenter or proceed
according to
law to recover possession. 

Source: CivC 1877,  241; CL 1887,  2757; RCivC 1903,  264; RC 1919,  334; SDC 1939, 
51.0503.


 43-8-11. Right of reentry - Reservation in grant or lease - Three days' previous written notice
sufficient.
Whenever the right of reentry is given to a grantor or lessor in any grant or lease, or otherwise,
such reentry
may be made any time after the right has accrued, upon three days' previous written notice of
intention to
reenter, served in the mode prescribed by  43-8-9. 

Source: CivC 1877,  242; CL 1887,  2758; RCivC 1903,  265; RC 1919,  335; SDC 1939, 
51.0504.

See Cal Civ Code,  791.


 43-8-12. Accrual of right to reenter - Notice of action for possession unnecessary.
An action for the possession of real property leased or granted, with a right of reentry, may be
maintained at
any time after the right to reenter has accrued, without the notice prescribed in  43-8-11. 

Source: CivC 1877,  243; CL 1887,  2759; RCivC 1903,  266; RC 1919,  336; SDC 1939, 
51.0505.





 43-32-3. Hiring of real property presumed for one year - Exception.
A hiring of real property, other than lodgings in places where there is no usage on the subject, is
presumed to
be for one year from its commencement unless otherwise expressed in the hiring. 

Source: CivC 1877,  1116; CL 1887,  3739; RCivC 1903,  1435; RC 1919,  1059; SDC
1939, 
38.0411.


 43-32-4. Hiring of lodgings - Length of term - Presumption.
A hiring of lodgings for an unspecified term is presumed to have been made for such length of
time as the
parties adopt for the estimation of the rent. Thus a hiring at a weekly rate of rent is presumed to
be for one
week. In the absence of any agreement respecting the length of time of the rent, the hiring is
presumed to be
monthly. 

Source: CivC 1877,  1117; CL 1887,  3740; RCivC 1903,  1436; RC 1919,  1060; SDC
1939, 
38.0412.


 43-32-5. Lease of real property for more than one year - Written contract necessary.
No agreement for the leasing of real property or an interest therein for a longer period than one
year is valid
unless the same, or some note or memorandum thereof, be in writing, signed by the lessor or his
agent
thereunto authorized in writing. 

Source: CivC 1877,  993; CL 1887,  3617; RCivC 1903,  1311; RC 1919,  856; SDC 1939,
 38.0402.

See Cal Civ Code,  1741.




 43-32-13. Modification of lease - Written notice by landlord, effect - Termination by tenant.
In all leases of lands or tenements or of any interest therein from month to month the landlord
may, upon
giving notice in writing at least thirty days before the expiration of the month, modify the terms of
the lease
to take effect at the expiration of the month. The notice, when served upon the tenant, shall of
itself operate
and be effectual to create and establish as a part of the lease the terms, rent, and conditions
specified in the
notice, if the tenant shall continue to hold the premises after the expiration of the month. The
tenant may
terminate his lease effective the first day of the next month by providing notice of termination to
the landlord
within fifteen days of receipt by the tenant of the notice of modification. 

Source: CivC 1877,  261; CL 1887,  2777; RCivC 1903,  284; RC 1919,  354; SDC 1939, 
38.0417;
SL 1980, ch 298.


 43-32-14. Retention of possession by lessee after expiration of hiring - Acceptance of rent by
lessor -
Renewal of hiring - Terms.
If a lessee of real property remains in possession thereof after the expiration of the hiring and the
lessor
accepts rent from him, the parties are presumed to have renewed the hiring on the same terms and
for the
same time, not exceeding one year. 

Source: CivC 1877,  1118; CL 1887,  3741; RCivC 1903,  1437; RC 1919,  1061; SDC
1939, 
38.0415.


 43-32-15. Renewal of hiring of real property presumed unless notice given of termination.
A hiring of real property for a term not specified by the parties is deemed to be renewed as stated
in 
43-32-14 at the end of the term implied by law unless one of the parties gives notice to the other
of his
intention to terminate the same at least as long before the expiration thereof as the term of the
hiring itself,
not exceeding one month. 

Source: CivC 1877,  1119; CL 1887,  3742; RCivC 1903,  1438; RC 1919,  1062; SDC
1939, 
38.0416.

See Cal Civ Code,  1945.




 43-32-18. Termination of lease by landlord before end of agreed term - Use of premises by
tenant contrary
to agreement - Neglect of tenant to make repairs.
A landlord may terminate a lease and reclaim the premises before the end of the agreed term: 
(1) When the tenant uses or permits a use of the premises in a manner contrary to the lease
agreement; or 
(2) When the tenant does not within a reasonable time after request make such repairs as he may
be bound to
make. 

Source: SDC 1939,  38.0420.


 43-32-19. Termination of lease by tenant - Neglect of landlord to place tenant in quiet
possession of
premises - Neglect to keep premises in good condition - Destruction of premises.
A tenant may terminate a lease before the end of the term: 
(1) When the landlord does not within a reasonable time after request fulfill his obligations, if any,
as to
placing and securing the tenant in quiet possession of the premises or putting the premises into
good
condition or repairing the same; or 
(2) When the greater part of the leased premises or that part which was, and which the landlord
had at the
time of leasing, reason to believe was the material inducement to the tenant to enter into the
contract, is
destroyed, from any other cause than the ordinary negligence of the tenant. 

Source: SDC 1939,  38.0421.


 43-32-20. Assignment of lease by lessee - Breach of agreement - Recovery of possession -
Remedies of
lessor - Exception - Security for loan.
Whatever remedies the lessor of any real property has against his immediate lessee for the breach
of any
agreement in the lease or for recovery of the possession, he has against the assignees of the lessee
for any
cause of action accruing while they are such assignees, except where the assignment is made by
way of
security for a loan and is not accompanied by possession of the premises. 

Source: CivC 1877,  260; CL 1887,  2776; RCivC 1903,  283; RC 1919,  353; SDC 1939, 
38.0408.


 43-32-22. Termination of lease - Agreed term - Mutual consent - Acquisition of superior title by
tenant.
A lease is terminated: 
(1) By the expiration of the agreed term; 
(2) By the mutual consent of the parties; 
(3) By the tenant acquiring a title to the leased premises superior to that of the landlord. 

Source: SDC 1939,  38.0423.