South Dakota Mobile Home Park Eviction Process: A Step-by-Step Guide

Nonpayment of lot rent

South Dakota does not have a separate mobile home park tenancy act. A lot tenant who owns the home is treated under the general Lease of Real Property chapter (SDCL ch. 43-32) and is removed through a Forcible Entry and Detainer (FED) action under SDCL ch. 21-16. Under SDCL 21-16-1(4), an FED action lies when a lessee fails to pay his rent for three days after the same shall be due. In practice, you cannot bring the action until lot rent is at least three days past due.

Note the 2024 change: Senate Bill 90 repealed the old statutory notice to quit (former SDCL 21-16-2), effective July 1, 2024. South Dakota no longer requires a separate three-day pay-or-quit notice before you file for nonpayment — once rent is three days late, you may file the FED complaint directly.

Caveat: if your lot lease promises its own cure or notice period, you must honor that contract term even though the statute no longer requires one. Many operators still send a short written pay-or-quit courtesy notice as a matter of practice and documentation.

Other lease violations and holdover

For violations other than nonpayment — unauthorized occupants, nuisance, failure to maintain the lot, or holding over after the term — the same FED framework applies. SDCL 21-16-1(4) also reaches a lessee who holds over after the termination of his lease or expiration of his term. You terminate the tenancy under the terms of the lease, then file the FED action.

Because SB 90 repealed the statutory notice to quit, South Dakota does not set a fixed number of days of statutory notice for a lease-breach eviction. The notice you owe is whatever your written lease requires, so draft your lot leases with clear, enforceable cure periods that leave no ambiguity.

Importantly, the 90-day mobile home protection in SDCL 43-32-31 expressly does not apply if the notice is based upon a breach of the terms of a lease. A genuine nonpayment or lease-breach removal is not slowed by that 90-day rule.

When the resident owns the home: the 90-day removal notice

The one mobile-home-specific protection in South Dakota is SDCL 43-32-31. It provides that a person who leases land to the owner of a mobile or manufactured home shall, if the property is developed for an alternate use, give no less than ninety days notice to vacate and remove the home from the real property. This is a redevelopment or change-of-use protection, not a general eviction rule.

That 90-day window applies only when you are clearing the lot for an alternate use — for example, redeveloping the park. It does not apply to removals based on nonpayment or a lease breach.

In a nonpayment or breach eviction, the resident still owns the physical home. The FED judgment restores possession of the lot to you (SDCL 21-16-10), but you should give the homeowner a reasonable, documented opportunity to move or sell the home rather than treating it as abandoned. Coordinate removal, back lot rent, and any lien or storage issues with counsel to avoid a wrongful-disposal claim.

Filing the eviction (Forcible Entry and Detainer)

File the FED action in the county where the lot sits. Under SDCL 21-16-3, any circuit court or magistrate court presided over by a magistrate judge has jurisdiction over forcible entry and detainer of real property within its county.

Begin with a verified written complaint served with a summons (SDCL 21-16-6). The sheriff, a constable, or an authorized process server must make at least two service attempts at least a week apart, both within thirty days; on the second attempt the summons may be posted on the property and mailed first-class to the tenant.

The tenant's time to appear and plead is five days from service, or thirty days after service by publication, whichever comes first (SDCL 21-16-7). If you prevail, the court orders delivery of possession plus rents and damages (SDCL 21-16-10). Execution for possession may be served only in the daytime (SDCL 21-16-12).

Typical timeline in South Dakota

• Rent comes due, then 3 days pass
  Under SDCL 21-16-1(4), an FED action for nonpayment cannot be brought until rent has gone unpaid for three days after it is due.
• No statutory pay-or-quit notice required
  SB 90 (2024) repealed the old notice to quit, so you may file directly once rent is three days late — unless your lease requires its own notice.
• File verified complaint and serve summons
  SDCL 21-16-6 requires a verified complaint served with a summons and a minimum of two service attempts at least a week apart within thirty days.
• 5-day appearance window
  SDCL 21-16-7 gives the tenant five days from service to appear and plead (thirty days if served by publication).
• Hearing and judgment for possession
  If you prevail, SDCL 21-16-10 orders delivery of possession to you plus rents and damages.
• Writ executed in daytime
  SDCL 21-16-12 allows execution for possession to be served only in the daytime; the sheriff then restores the lot to you.
• 90 days only for redevelopment
  If you are instead clearing lots for an alternate use, SDCL 43-32-31 requires at least ninety days' notice to vacate and remove the home — this does not apply to breach-based removals.

Operator best practices in South Dakota

• Write clear cure and notice terms into every lot lease
  Because South Dakota repealed its statutory notice to quit, the notice you owe for a lease breach is whatever your lease says — make it explicit and enforceable.
• Wait out the three-day arrears window
  Confirm rent is at least three days past due before filing; SDCL 21-16-1(4) makes that the trigger for a nonpayment FED action.
• Serve strictly by the statute
  Follow SDCL 21-16-6 to the letter — verified complaint, summons, two documented service attempts a week apart, plus posting and first-class mail on the second attempt.
• Separate a redevelopment clear-out from an eviction
  If you are changing the land's use, give the full 90-day SDCL 43-32-31 notice; do not conflate it with a nonpayment or breach removal, which it does not cover.
• Give homeowners a real chance to move or sell the home
  The resident owns the structure; document a reasonable removal or sale window and handle any lien or storage steps with counsel to avoid wrongful-disposal exposure.
• Consider cash-for-keys
  A negotiated cash-for-keys agreement is common market practice and can be faster and cheaper than a contested FED, especially when a home must be relocated.
• Build a relationship with a South Dakota MHP attorney
  Statutes change the process — the notice to quit was repealed in 2024 — so a local attorney keeps your notices, forms, and service compliant with current SDCL ch. 21-16 and 43-32.