The South Dakota timeline, with dates
Here is the order of events when rent due on the 1st goes unpaid. South Dakota's rule depends on a condition (or sets no fixed number of days), so we describe the steps rather than put a date on them.
- The 1stRent is due (the example due date used throughout this page).
- Late feeNo statewide statute caps late fees or requires a grace period; a late fee should be written into the lease and reasonable.
- FilingNo pre-filing notice required since July 1, 2024; an eviction may be filed once rent is 3 days overdue (S.D. Codified Laws § 21-16-1(4) (§ 21-16-2 repealed, SL 2024, ch. 75)).
The notice for unpaid rent
No pre-filing notice required since July 1, 2024; an eviction may be filed once rent is 3 days overdue. S.D. Codified Laws § 21-16-1(4) (§ 21-16-2 repealed, SL 2024, ch. 75)
Among the 31 states we have verified, 2 others also require no notice period before filing. Among states that require a notice, the median is 7 days.
Late fees and the grace period
No statewide statute caps late fees or requires a grace period; a late fee should be written into the lease and reasonable.
South Dakota has no statutory dollar or percentage cap. 12 of the 31 verified states cap late fees by statute, and 10 set a grace period before one can be charged.
What else to know in South Dakota
Notes from our review: The former 3-day notice to quit (§ 21-16-2) was repealed by SB 90 (2024).
Cities and counties can add their own rules on top of the state’s. At “covered properties” under the federal CARES Act — generally those with a federally backed mortgage or federal subsidies — a 30-day notice to vacate for nonpayment is required in every state.
South Dakota and its neighbors
| State | Notice | Grace period | Late-fee cap | Source |
|---|---|---|---|---|
| South Dakota | No pre-filing notice | None statewide | No statutory cap | Verified |
| Iowa | 3 days | None statewide | Statutory cap (see guide) | Verified |
| Minnesota | 14 days | None statewide | 8% of rent | Verified |
| Montana | 3 days | None statewide | No statutory cap | Verified |
| Nebraska | 7 days | None statewide | No statutory cap | Unverified |
| North Dakota | 3 days | None statewide | No statutory cap | Verified |
| Wyoming | 3 days | None statewide | No statutory cap | Unverified |
Notice periods across the 31 verified states
| Notice before filing | States |
|---|---|
| No pre-filing notice | 3 |
| 3 days | 10 |
| 5 days | 3 |
| 7 days | 3 |
| 10 days | 5 |
| 14 days | 6 |
| No fixed number | 1 |
Sources
- Notice for unpaid rent: S.D. Codified Laws § 21-16-1(4) (§ 21-16-2 repealed, SL 2024, ch. 75)
- Late fees and grace period: no statute found that sets a cap or grace period
- Status: verified — the notice rule was read in statute text (or a verbatim copy of it) for our September 14, 2026 review.