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.
Source: JustC 1877, §35; CL 1887, §6074; RJustC 1903, §45; RC 1919, §2172; SDC 1939 & Supp 1960, §37.3903; SL 1986, ch 173.
Structure South Dakota Codified Laws
Chapter 16 - Forcible Entry And Detainer
Section 21-16-1 - Grounds for maintenance of action.
Section 21-16-2 - Notice to quit required before commencement of proceedings--Service and return.
Section 21-16-3 - Jurisdiction of courts.
Section 21-16-4 - Joinder of actions.
Section 21-16-5 - Survival of cause despite death of plaintiff.
Section 21-16-6 - Verified Complaint--Service with Summons--Procedure.
Section 21-16-6.1 - Service by publication--Exemption.
Section 21-16-7 - Time for appearance by defendant.
Section 21-16-8 - Time action brought on for trial--Special venire in jury cases.
Section 21-16-10 - Judgment for plaintiff.