How long does an eviction take in South Dakota? In most cases, an eviction for unpaid rent takes about 2 to 6 weeks. That is counted from the day your rent is late to the day the sheriff can remove you. A no-cause eviction on a month-to-month lease often takes 4 to 8 weeks, because the 15-day notice comes first. How long does an eviction take in South Dakota for you depends on which stage your landlord has reached. It also depends on whether you file an answer.
- How Long Does an Eviction Take in South Dakota: Stage by Stage
- The South Dakota Notice Period: Where the Clock Starts
- From Filing to Hearing in South Dakota
- Judgment, Writ, and Lockout: How Long Does an Eviction Take in South Dakota at the End
- What Makes a South Dakota Eviction Faster or Slower
- Frequently Asked Questions
How Long Does an Eviction Take in South Dakota: Stage by Stage
In South Dakota, an eviction case is called “forcible entry and detainer.” The rules are in Chapter 21-16 of the South Dakota Codified Laws (SDCL). South Dakota changed these rules in 2024. As a result, many older websites now give the wrong numbers.
Here is the answer to how long does an eviction take in South Dakota, one stage at a time. Some stages have exact numbers in the law. Others have no fixed number, so we show what is typical in practice.
| Stage | Days in South Dakota | South Dakota law or rule |
|---|---|---|
| Notice: unpaid rent | No notice required before filing. The landlord can file once rent is 3 days late | SDCL 21-16-1(4); SDCL 21-16-2 repealed (SL 2024, ch 75) |
| Notice: lease violation | No fixed number in the statute. Depends on what your lease says | SDCL 21-16-1(7) |
| Notice: no-cause, month-to-month or at-will | At least 15 days (2 months for many military families) | SDCL 43-8-8 |
| Filing in court | No fixed number. Typically 1 to 3 days after the notice ends | SDCL 21-16-3, 21-16-6 |
| Service of the papers | Same day up to about 8 days. At least two tries, 1 week apart, both within 30 days | SDCL 21-16-6 |
| Your answer deadline | 5 days from service (30 days if served by publication) | SDCL 21-16-7 |
| Hearing or trial | Can be set with just 2 days’ notice after you answer | SDCL 21-16-8 |
| Delays (continuance) | No more than 14 days, unless you post a bond for rent | SDCL 21-16-7 |
| Judgment | No fixed number. Often the day of the hearing | SDCL 21-16-10 |
| Writ (execution for possession) | No fixed number. Typically 1 to 3 days after judgment | SDCL 21-16-10; court practice |
| Lockout by sheriff | No fixed number. Typically 1 to 7 days after the writ. Daytime only | SDCL 21-16-12; county sheriff practice |
The South Dakota Notice Period: Where the Clock Starts
The notice stage is the first place to look when you ask how long does an eviction take in South Dakota. For unpaid rent, the clock starts fast. Before July 1, 2024, landlords had to give a 3-day notice to quit. However, Senate Bill 90 repealed that rule (SDCL 21-16-2). Now a landlord can file once your rent is 3 days past due (SDCL 21-16-1(4)). You may get no written warning at all. Check your lease, though. Some leases still promise a notice.
For a lease violation, a case can start when you break a lease term that ends the lease (SDCL 21-16-1(7)). The statute sets no fixed notice period, so your lease controls. For example, a lease may give you 3 or 10 days to fix a problem. For a no-cause ending, a landlord must give at least 15 days’ written notice (SDCL 43-8-8). That rule dropped from 30 days in 2024.
If a notice is too short, you may be able to ask the judge to dismiss the case.
So how long does an eviction take in South Dakota at this first stage? For rent, as few as 3 days. For no-cause, at least 15 days. For a violation, it depends on your lease.
From Filing to Hearing in South Dakota
This middle stage is where the answer to how long does an eviction take in South Dakota changes the most. Eviction cases go to magistrate or circuit court in the county where the rental is (SDCL 21-16-3). The landlord files a sworn complaint. Then a sheriff, constable, or process server must serve you (SDCL 21-16-6). If they can’t hand you the papers, they must try at least twice, one week apart.
On the second try, they can post the papers on your door and mail you a copy.
After service, you have 5 days to answer (SDCL 21-16-7). The court’s answer form, UJS-119, is on the South Dakota Unified Judicial System website. Once you answer, either side can set a trial with just 2 days’ notice (SDCL 21-16-8). In practice, many hearings happen within 1 to 2 weeks of the answer.
How long does an eviction take in South Dakota from filing to hearing? In most cases, about 1 to 3 weeks. A judge can delay the case. However, the delay can’t be longer than 14 days unless you post a bond covering the rent (SDCL 21-16-7).
Judgment, Writ, and Lockout: How Long Does an Eviction Take in South Dakota at the End
If the judge rules for the landlord, the judgment gives the landlord the right to take back the unit. It can also include back rent, damages, and costs (SDCL 21-16-10). Attorney fees can be added too (SDCL 21-16-11). The landlord then asks the clerk for an execution for possession. That is the order the sheriff uses to remove you. South Dakota law sets no fixed wait for this step. Typically, the order is issued within 1 to 3 days.
The sheriff then serves the execution. The law says it can only be served in the daytime (SDCL 21-16-12). There is no statewide rule on how many days you get before removal. In practice, many county sheriffs give a few days’ notice, often 1 to 7 days. Call your county sheriff’s civil office to ask how they schedule it.
You can still act at this stage. For example, you may be able to appeal within 30 days (SDCL 15-26A-6). However, an appeal alone may not stop the lockout. In most cases, you also need a bond approved by the court. So how long does an eviction take in South Dakota at the end? Often less than a week after judgment.
What Makes a South Dakota Eviction Faster or Slower
Doing nothing is what speeds an eviction up the most. If you don’t answer within 5 days, the landlord can get a default judgment. As a result, you could face the sheriff in about 2 weeks from filing.
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Several things can slow the case down. Service can take 8 days or more when you are not home. Filing an answer gets you a hearing and a chance to raise defenses. If you pay the rent you owe, your landlord may drop the case. Get that deal in writing. Court backlogs in larger counties can also add days.
South Dakota has no statewide eviction mediation program. However, you can call the Helpline Center at 211 to ask about local rental help. You can also contact East River Legal Services, Dakota Plains Legal Services, or the State Bar’s Access to Justice program. So how long does an eviction take in South Dakota in your case? Often, it comes down to what you do in those first 5 days.
Frequently Asked Questions
Does my South Dakota landlord have to give me a 3-day notice before filing?
Not for unpaid rent anymore. South Dakota repealed the 3-day notice to quit in 2024 (SDCL 21-16-2). Your landlord can file once rent is 3 days late, unless your lease promises a notice.
How long does an eviction take in South Dakota if I never answer?
It can be very fast. The landlord may get a default judgment after your 5-day answer window closes. In many cases, the lockout can come within about 2 weeks of service.
How long does an eviction take in South Dakota for a month-to-month lease?
Typically 4 to 8 weeks. The landlord must first give at least 15 days’ notice (SDCL 43-8-8). Then the court case usually takes another 2 to 5 weeks.
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Find Your State’s Exact Rules
Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.
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Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
South Dakota Renter Guides
- How Long an Eviction Takes in Every State
- South Dakota Eviction Process
- South Dakota Tenant Rights
- South Dakota Security Deposit Law
- South Dakota Rent Increase Laws
- South Dakota Repairs and Habitability
- Breaking a Lease in South Dakota
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Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.