South Dakota eviction guide · checked Oct 17, 2026

How long does an eviction take in South Dakota?

For unpaid rent, expect about 3 weeks from the first notice to the lockout, and anywhere from 2 to 8.5 weeks if the tenant fights it or the court is busy.

Not legal advice. Estimates from public sources, checked Oct 17, 2026. Laws vary by county and city; talk to a local attorney before you act.

Eviction cost calculator

Your estimate …Breakdown ↓
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Where it goes in

    3 wkstypical, notice to lockout
    3 daysnotice for unpaid rent
    $72filing fee · statewide
    96/100landlord-friendliness Very landlord-friendly
    Next step

    What would a rental in South Dakota actually earn?

    We'll prefill South Dakota's numbers and include the eviction cost from this page.

    • Median rent $999/mo
    • Property tax 1.01%–1.02%
    • Insurance $524–$1,481/yr
    • Vacancy 5.5%–7.1%
    $
    Step by step

    The South Dakota eviction timeline

    Each step comes from South Dakota's rules, with the source linked. The typical case adds up to about 3 weeks; a contested hearing adds about 3 more. Timeline model.

    1. 1

      Notice to pay or leave

      3 days

      3-day notice to quit; Nolo notes no pay-or-quit period is required (S.D. Codified Laws § 21-16-1(4))

    2. 2

      File and get a judgment

      6–21 days · typical 10

      Tenant must appear and answer within 5 days after service (SDCL ch. 21-16)

      official source Source ↗
    3. 3

      Judgment to lockout

      5–14 days (national default)

      The judgment of eviction sets the removal date (UJS-138); execution for possession is served only in the daytime (SDCL 21-16-12). No statutory day count

      official source Source ↗
    4. 4

      If the tenant appeals

      10-day window

      10 days to appeal a magistrate court judgment, with bond

      official source Source ↗

    Can the tenant pay and stay? No right to pay and stay once notice is given. official source Source ↗

    Costs

    What an eviction costs in South Dakota

    Court fees come from the fee schedules we found, and each one says where it applies. Fees we couldn't verify are labeled Unverified and use the national default range. The calculator above adds them to your lost rent.

    • Court filing fee

      Statewide
      $72

      Eviction filing fee $72 (UJS-109 checklist, 2026)

      official source Source ↗
    • Serving the tenant

      Unverified · national default
      $30–$77

      No official amount verified for South Dakota yet, so the calculator uses the national default range.

      unverified
    • Sheriff or marshal lockout

      Unverified · national default
      $75–$180

      No official amount verified for South Dakota yet, so the calculator uses the national default range.

      unverified
    • Lawyer, uncontested case

      National estimate
      $500–$1,500

      Flat fees commonly charged when the tenant doesn't fight it. Not specific to this state; big-city rates run higher.

      estimate
    • Lawyer, contested case

      National estimate
      $2,000–$5,000+

      When the tenant contests the case. Not specific to this state.

      estimate
    • Median gross rent

      Census ACS 2024, 1-year
      $999/mo

      South Dakota median gross rent, ±$31. The calculator starts here; change it to your rent.

      official source Source ↗
    Tenant protections

    Statewide rules that can slow things down

    • Statewide rent control: No

      None statewide found in the sources we checked

      checked, none found
    • Statewide just-cause rules: No

      None statewide found in the sources we checked

      checked, none found
    • Right to counsel for tenants: No

      None statewide found in the sources we checked

      checked, none found
    • Seasonal or weather limits: No

      None statewide found in the sources we checked

      checked, none found
    • Required mediation or pre-filing program: No

      None statewide found in the sources we checked

      checked, none found
    Landlord-friendliness

    South Dakota scores 96 out of 100

    Very landlord-friendly

    Faster timelines, fewer chances to pay-and-stay and fewer statewide tenant protections score higher.

    Timeline
    45.8/50
    Right to cure
    20/20
    Statewide protections
    30/30
    80–100 very landlord-friendly65–79 landlord-friendly50–64 mixedunder 50 tenant-protective

    How the score works

    South Dakota vs. its neighbors

    …

    See all 51 jurisdictions →

    Questions

    South Dakota eviction FAQ

    How long does an eviction take in South Dakota?

    A nonpayment eviction in South Dakota typically takes about 3 weeks from notice to lockout, with a range of roughly 2 to 8.5 weeks. Contested cases, court backlogs and appeals can take longer. This is an LandlordCost estimate built from the state's notice period and court deadlines, last checked Oct 17, 2026.

    How much notice does a landlord have to give for unpaid rent in South Dakota?

    3-day notice to quit; Nolo notes no pay-or-quit period is required (S.D. Codified Laws § 21-16-1(4)).

    Can a tenant stop an eviction in South Dakota by paying the rent?

    No right to pay and stay once notice is given.

    How much does it cost to file an eviction in South Dakota?

    The court filing fee is $72 statewide. Service and lockout fees are extra. Lawyer fees commonly run about $500-$1,500 for an uncontested case (a national estimate).

    How much does it cost to evict a tenant in South Dakota?

    A typical uncontested nonpayment eviction in South Dakota costs a landlord roughly $1,400 to $2,500: about 3 weeks of lost rent at the median rent of $999/month (about $700), court and service fees of about $177-$329 (some are national defaults because we could not verify them), and lawyer fees of about $500-$1,500 (a national estimate). A contested case running about 8.5 weeks can pass $4,300. These are LandlordCost estimates (Census ACS 2024 rent); they leave out rent owed before the notice, turnover and re-rent time.

    Is South Dakota landlord-friendly for evictions?

    South Dakota scores 96 out of 100 on the LandlordCost landlord-friendliness score (timeline 45.8/50, right to cure 20/20, statewide tenant protections 30/30). The formula is on our methodology page.

    Sources

    Sources and last-checked dates

    Not yet verified for South Dakota: service fee, lockout fee, post judgment days. Fields we couldn't source are labeled unverified, never guessed. Download the data: states.json · states.csv.

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