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.
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%
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
Notice to pay or leave
3 days3-day notice to quit; Nolo notes no pay-or-quit period is required (S.D. Codified Laws § 21-16-1(4))
- 2
File and get a judgment
6–21 days · typical 10Tenant must appear and answer within 5 days after service (SDCL ch. 21-16)
- 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
- 4
If the tenant appeals
10-day window10 days to appeal a magistrate court judgment, with bond
Can the tenant pay and stay? No right to pay and stay once notice is given. official source Source ↗
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$72Eviction filing fee $72 (UJS-109 checklist, 2026)
Serving the tenant
Unverified · national default$30–$77No official amount verified for South Dakota yet, so the calculator uses the national default range.
Sheriff or marshal lockout
Unverified · national default$75–$180No official amount verified for South Dakota yet, so the calculator uses the national default range.
Lawyer, uncontested case
National estimate$500–$1,500Flat fees commonly charged when the tenant doesn't fight it. Not specific to this state; big-city rates run higher.
Lawyer, contested case
National estimate$2,000–$5,000+When the tenant contests the case. Not specific to this state.
Median gross rent
Census ACS 2024, 1-year$999/moSouth Dakota median gross rent, ±$31. The calculator starts here; change it to your rent.
Statewide rules that can slow things down
Statewide rent control: No
None statewide found in the sources we checked
Statewide just-cause rules: No
None statewide found in the sources we checked
Right to counsel for tenants: No
None statewide found in the sources we checked
Seasonal or weather limits: No
None statewide found in the sources we checked
Required mediation or pre-filing program: No
None statewide found in the sources we checked
South Dakota scores 96 out of 100
Faster timelines, fewer chances to pay-and-stay and fewer statewide tenant protections score higher.
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 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.
- Notice periodofficial sourcesdlegislature.gov ↗
- Notice period (backup)secondary sourcenolo.com ↗
- Court deadlinesofficial sourcesdlegislature.gov ↗
- Judgment to lockoutofficial sourceujs.sd.gov ↗
- Appealofficial sourcesdlegislature.gov ↗
- Filing feeofficial sourceujs.sd.gov ↗
- Service feeunverifiednone found
- Lockout feeunverifiednone found
- Right to cureofficial sourcesdlegislature.gov ↗
- Median rentofficial sourcewww2.census.gov ↗
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