Minnehaha County, South Dakota
** The eviction process can be a three step process, if necessary. There is a $62.00 fee for each step that the Sheriff’s Office serves. This handout is for informational purposes only and should not be considered legal advice. The eviction process is a legal process and we suggest you seek the assistance of an attorney.
1st Step - SDCL 21-16-2. Notice to quit required before commencement of proceedings--Service and return.
In all cases arising under subdivisions 21-16-1(4), (5), and (6), three days' written notice to quit must be given to the lessee, subtenant, or party in possession, before proceedings can be instituted, and may be served and returned in like manner as a summons is served and returned. On the second service attempt, at least six hours after the previous service attempt, the notice to quit may be posted in a conspicuous place on the property, and also delivered to a person there residing, if such person can be found; and also sent by first class mail addressed to the tenant at the place where the property is situated.
2nd Step – SDCL 21-16-6. Verified Complaint--Service with Summons--Procedure.
The complaint shall be in writing and verified by the plaintiff or the plaintiff's agent or signed by the plaintiff's attorney, and served with a summons. A sheriff, any person legally authorized to effect service under § 15-6-4(c), or constable of the county shall attempt to serve a lessee, subtenant, or party in possession with a minimum of two service attempts. Each attempt shall be at least one week apart and both attempts shall be within thirty days.
On the second service attempt, the summons may be posted in a conspicuous place on the property and delivered to a person there residing, if such person can be found, and also sent by first class mail addressed to the tenant at the place where the property is situated.
3rd Step - After a judgement has been issued, then an Execution for Possession can be obtained. The Execution for possession is also known as a Lockout. The Lockout order must specify that the Sheriff’s Office has the authority to physically remove the defendant from the property. The Execution for Possession must be given to the Sheriff’s Office and a deputy sheriff will contact the landlord to schedule a time to conduct the lockout. The landlord is responsible for contacting a locksmith if they do not have keys to the residence. We recommend the landlord change the locks to secure the residence.
Laws pertaining to property left by tenant
SDCL 43-32-25—Small amount of tenant’s property left on premises presumed abandoned—Disposal by lessor
SDCL 43-32-26—Storage of tenant’s valuable property left on premises—Lien—Disposal as abandoned after waiting period.
Effective April 1, 2021 through June 30, 2021---CDC ORDER
CDC Director Dr. Robert Redfield signed a declaration determining that the evictions of tenants could be detrimental to public health control measures to slow the spread of SARS-Cov-2, the virus that causes COVID-19.
For more information on the order, please visit:
43-32-25. Small amount of tenant's property left on premises presumed abandoned--Disposal by lessor. The property of a lessee, the total reasonable value of which does not exceed five hundred dollars, left on leased residential premises by the lessee for ten days after the lessee has quit the premises, is presumed to have been abandoned by the tenant and the lessor of the residential premises may dispose of the abandoned property.
43-32-26. Storage of tenant's valuable property left on premises--Lien--Disposal as abandoned after waiting period. The property of a lessee, of a total reasonable value exceeding five hundred dollars, left on leased residential premises by the lessee after the lessee has quit the premises, shall be stored by the lessor. The lessor shall have a lien on the property to the extent of the costs of handling and storing the property. After storing the property for thirty days or more the lessor may treat the property as abandoned and dispose of it.