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📆 60-Day Notice to Vacate — South Dakota (2025)

Free, state-specific 60-day notice to vacate template for South Dakota landlords. Includes legally required language, notice period, and serving instructions.

⚠️ Important: South Dakota Restricts No-Cause Evictions

South Dakota uses 30-day notice for no-cause terminations

📋 Quick Info — 60-Day Notice to Vacate in South Dakota

Required Notice Period
30 Calendar Days
Delivery Methods
Personal Delivery (hand-delivered to tenant or adult occupant) | First-Class Mail
When to Use
Use this notice to terminate a longer-term month-to-month tenancy (typically for tenants who have lived there 1+ year). Required in some states for long-term tenants.
If Tenant Ignores It
If the tenant fails to vacate within the notice period, you may file an eviction lawsuit with the court.
Tenant Options
The tenant must vacate the premises by the deadline.
Legal Authority
SDCL § 21-16-2

📄 Sample 60-Day Notice to Vacate Template — South Dakota

Copy this template, fill in the brackets, and serve it according to the instructions below. Do not skip any required fields.

South Dakota Eviction Notice Template 30-Day Notice 
NOTICE OF TERMINATION OF TENANCY (60 DAYS)

Date: [DATE]

To: [TENANT NAME(S)]
Premises: [FULL ADDRESS], [CITY], SD [ZIP]

You are hereby notified that your month-to-month rental agreement
for the above-described premises is TERMINATED effective
THIRTY (30) (30) DAYS from the date of service of this notice.

You must vacate and surrender possession of the premises by:
[VACATE-BY DATE — must be at least 30 days from service date]

This notice is not based on any breach of your rental agreement.
You are required to remove all personal belongings and return the
keys by the date indicated above.

If you fail to vacate within the time specified, legal proceedings
will be initiated as permitted by SDCL § 21-16-2.

──────────────────────────────────────────────────

Landlord/Agent: ___________________________
Printed Name: [LANDLORD NAME]
Address: [LANDLORD ADDRESS]
Phone: [LANDLORD PHONE]

Date Served: [DATE]
Method of Service: [PERSONAL DELIVERY / MAIL / POSTING+MAIL]

⚠️ Fill in all fields shown in [BRACKETS] before serving. Keep a copy for your records.

📬 How to Serve This Notice in South Dakota

Allowed Delivery Methods in South Dakota

Step-by-Step Serving Instructions

  1. Complete the notice — Fill in all bracketed fields. Double-check the tenant's name, address, and amounts.
  2. Print the notice — Print at least two copies (one for tenant, one for your records).
  3. Deliver personally — Hand the notice directly to the tenant or any adult occupant at the residence. Note the date, time, and who received it.
  4. Complete a Proof of Service — Document how, when, and to whom the notice was served. This is critical for court.
  5. Keep copies — Retain a copy of the served notice and proof of service for your records.
  6. Wait the full notice period — You must wait all 30 days before filing with the court, even if you're certain the tenant won't comply.

⛔ Common Mistakes That Void the Notice

⏰ After You Serve the Notice

🚫 If Tenant Doesn't Vacate

After the 30-day period expires without the tenant vacating, you may file an eviction complaint (unlawful detainer) with your local South Dakota court.

📋 What to Bring to Court

Bring to court: your served notice, proof of service, the lease agreement, any relevant documentation, and payment records. The entire South Dakota eviction process typically takes 2-4 weeks.

📅 Timeline After Notice Expires

→ View the complete South Dakota eviction process guide

⚖️ Want an Attorney to Prepare This Notice?

Avoid costly mistakes. A wrongly served notice resets the clock and can get your case dismissed. Our network of South Dakota eviction attorneys can prepare and serve the notice for you.

Free consultation. No commitment. Response within 1 business day.

❓ Frequently Asked Questions

How do I deliver an eviction notice in South Dakota?
In South Dakota, you can serve an eviction notice by: Personal Delivery (hand-delivered to tenant or adult occupant); First-Class Mail. Personal delivery is the most reliable method and easiest to prove in court. Always document the delivery method and date.
What if I can't find the tenant to serve them?
If you cannot locate the tenant for personal delivery, South Dakota law typically allows "substituted service" — leaving the notice with another adult occupant or posting it on the front door AND mailing a copy to the address. Keep a signed declaration of service.
Can I email an eviction notice in South Dakota?
Generally, no. Email is not a legally recognized method of service for eviction notices in South Dakota. You must use one of the approved delivery methods: personal, mail. Some landlords email a copy as a courtesy, but you still need proper legal service.
What voids an eviction notice in South Dakota?
Common mistakes that void an eviction notice in South Dakota include: using the wrong notice period (must be at least 30 days), improper delivery method, missing required information (tenant name, address, amount owed), accepting rent after serving the notice, and using a form that doesn't comply with SDCL § 21-16-2.
How many days after the notice can I file for eviction in South Dakota?
You must wait the full 30-day notice period to expire before filing with the court. If you file too early, the case may be dismissed. After the notice period expires without compliance, you can file an eviction complaint (unlawful detainer) immediately. The total process in South Dakota typically takes 2-4 weeks.

Related South Dakota Resources

Disclaimer: This template is for informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed South Dakota attorney for your specific situation. Cite: SDCL § 21-16-2.