How long does an eviction take in South Dakota?
For unpaid rent, expect about 3 weeks from the first notice to the lockout in South Dakota, and anywhere from 2 to 8.5 weeks if the tenant fights it or the court is busy.
South Dakota eviction timeline, step by step
- Notice to pay or leave 3 daysofficial source
3-day notice to quit; Nolo notes no pay-or-quit period is required (S.D. Codified Laws § 21-16-1(4)) source · secondary source - File the case and get a judgment about 6-21 days (typical 10)official source
Tenant must appear and answer within 5 days after service (SDCL ch. 21-16) source - Judgment to lockout 5-14 days (national default)official source
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 source - If the tenant appeals 10-day windowofficial source
10 days to appeal a magistrate court judgment, with bond source
Timeline model: notice + filing-to-judgment window + judgment-to-lockout window; the high case adds 21 days for a contested hearing. Methodology.
Can the tenant pay and stay?
No right to pay and stay once notice is given. official source source
Eviction costs in South Dakota
| Cost | Amount | Notes |
|---|---|---|
| Court filing fee | $72 | Statewide: Eviction filing fee $72 (UJS-109 checklist, 2026) official source source |
| Serving the tenant | $30-$77 | Not verified for South Dakota; the calculator uses the national default range. unverified |
| Sheriff/marshal lockout | $75-$180 | Not verified for South Dakota; the calculator uses the national default range. unverified |
| Lawyer, uncontested | $500-$1,500 | National rough estimate, not state-specific estimate |
| Lawyer, contested | $2,000-$5,000+ | National rough estimate estimate |
| Median gross rent | $999/mo | Census ACS 2024 1-year (±$31) data file |
Tenant protections
| 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 / pre-filing program | No | None statewide found in the sources we checked |
Eviction cost calculator for South Dakota
| What | Typical | Low to high |
|---|
Full timeline and sources · Total = rent × (months behind + months to evict + months to re-rent) + court fees + lawyer + turnover. How we calculate.
Tenant screening
Reserved for a tenant-screening partner (credit, eviction and background checks). No partner yet; nothing here is a recommendation.
Rent-guarantee insurance
Reserved for a rent-guarantee or landlord insurance partner that covers unpaid rent and eviction costs. No partner yet.
Landlord-friendliness score: 96/100
Timeline 45.8/50 · right to cure 20/20 · statewide protections 30/30. How the score works.
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 EvictionMath estimate built from the state's notice period and court deadlines, last checked 2026-10-17.
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).
Is South Dakota landlord-friendly for evictions?
South Dakota scores 96 out of 100 on the EvictionMath 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
| Field | Source type | Link | Checked |
|---|---|---|---|
| Notice period | official source | sdlegislature.gov | 2026-10-17 |
| Notice period (backup) | secondary source | www.nolo.com | 2026-10-17 |
| Court deadlines | official source | sdlegislature.gov | 2026-10-17 |
| Judgment to lockout | official source | ujs.sd.gov | 2026-10-17 |
| Appeal | official source | sdlegislature.gov | 2026-10-17 |
| Filing fee | official source | ujs.sd.gov | 2026-10-17 |
| Service fee | unverified | none yet | 2026-10-17 |
| Lockout fee | unverified | none yet | 2026-10-17 |
| Median rent | official source | census.gov (ACS B25064) | 2026-10-17 |
Not yet verified for South Dakota: service fee, lockout fee, post judgment days. Fields we couldn't source are left blank, never guessed. Found an error? Laws change; tell us via the newsletter reply.
Compare similar states
West Virginia (96, 3 wk) · Arkansas (98, 2.5 wk) · North Dakota (98, 2.5 wk) · Arizona (92, 2.5 wk) · Iowa (92, 2.5 wk)