South Dakota Pay or Quit Notice (Late Rent) (2026): Requirements + Free Template Preview
Demand overdue rent within the state-required period or require the tenant to vacate the property.
The South Dakota rule
No statutory minimum
Governing statute: S.D. Codified Laws § 21-16-1(4) · Read the statute ↗
Special rule: No statutory pre-suit notice: SB 90 (2024) repealed § 21-16-2; an eviction action may be filed once rent is 3+ days overdue. Lease-required notice still binds.
Data version 2026.07.1, compiled July 2026. Verify with the current statute — laws change, and cities or counties may add stricter requirements.
What a valid South Dakota nonpayment of rent (pay or quit) notice includes
- • Full names of all tenants and the rental property address
- • The landlord’s name and mailing address
- • The exact amount of rent owed and the deadline to pay or vacate
- • Service at least as required by your lease (S.D. Codified Laws § 21-16-1(4))
- • A certificate of service recording how and when the notice was delivered — courts routinely ask for this
NoticeKit generates all of the above, computes your actual notice period, and warns you — citing S.D. Codified Laws § 21-16-1(4) — if your dates fall short of the South Dakota minimum.
Template preview
NOTICE TO PAY RENT OR QUIT
State of South Dakota — S.D. Codified Laws § 21-16-1(4)
TO: [Tenant name(s)]
PREMISES: [Rental property address]
PLEASE TAKE NOTICE that the rent for the premises described above is due and unpaid. You owe $[amount] and are required to pay by [date] or quit...
[Full notice continues: statutory reference, signature block, and certificate of service — generated in the wizard]
Other South Dakota notices
Rent Increase
30 days · S.D. Codified Laws § 43-32-13
Lease Non-Renewal / Termination
15 days · S.D. Codified Laws § 43-8-8
Lease Violation (Cure or Quit)
0 days · S.D. Codified Laws § 21-16-2 (repealed by SB 90, 2024)
Nonpayment of Rent (Pay or Quit) notices in other states
NoticeKit is not a law firm and this page is not legal advice. Notice periods shown reflect the main statutory rule as of data version 2026.07.1; tiers, exemptions, and local ordinances may change the requirement for your situation. Verify with the current statute — laws change.