EvictionMath › States › South Dakota

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.

Not legal advice. Eviction laws change and vary by county and city. These are estimates from public sources, last checked 2026-10-17. Talk to a local landlord-tenant attorney before you act.
3 wkstypical, notice to lockout
3 daysnotice for unpaid rent
$72court filing fee · statewide
96/100landlord-friendliness

South Dakota eviction timeline, step by step

  1. 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
  2. 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
  3. 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
  4. 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

CostAmountNotes
Court filing fee$72Statewide: Eviction filing fee $72 (UJS-109 checklist, 2026) official source source
Serving the tenant$30-$77Not verified for South Dakota; the calculator uses the national default range. unverified
Sheriff/marshal lockout$75-$180Not verified for South Dakota; the calculator uses the national default range. unverified
Lawyer, uncontested$500-$1,500National rough estimate, not state-specific estimate
Lawyer, contested$2,000-$5,000+National rough estimate estimate
Median gross rent$999/moCensus ACS 2024 1-year (±$31) data file

Tenant protections

Statewide rent controlNoNone statewide found in the sources we checked
Statewide just-cause rulesNoNone statewide found in the sources we checked
Right to counsel for tenantsNoNone statewide found in the sources we checked
Seasonal or weather limitsNoNone statewide found in the sources we checked
Required mediation / pre-filing programNoNone statewide found in the sources we checked

Eviction cost calculator for South Dakota

Pre-filled with the South Dakota median gross rent (Census ACS 2024).
Turnover and re-rent defaults are placeholders. Use your own numbers.

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

FieldSource typeLinkChecked
Notice periodofficial sourcesdlegislature.gov2026-10-17
Notice period (backup)secondary sourcewww.nolo.com2026-10-17
Court deadlinesofficial sourcesdlegislature.gov2026-10-17
Judgment to lockoutofficial sourceujs.sd.gov2026-10-17
Appealofficial sourcesdlegislature.gov2026-10-17
Filing feeofficial sourceujs.sd.gov2026-10-17
Service feeunverifiednone yet2026-10-17
Lockout feeunverifiednone yet2026-10-17
Median rentofficial sourcecensus.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)

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