Mobile home eviction rules in South Dakota

South Dakota has no comprehensive dedicated mobile home park eviction law. Eviction runs through the general forcible-entry-and-detainer process (S.D. Codified Laws ch. 21-16), with one mobile-home-specific change-of-use notice. The information below describes how the law generally works; anyone facing a specific notice should consider consulting a licensed attorney in South Dakota.

What the statute says

Eviction in South Dakota proceeds through the forcible-entry-and-detainer law (S.D. Codified Laws ch. 21-16), which requires a three-day notice to quit for nonpayment before the landlord files an eviction action. To end a month-to-month tenancy, §43-32-15 requires termination notice "at least as long before the expiration ... as the term of the hiring itself, not exceeding one month" (about 30 days). The one mobile-home-specific rule is §43-32-31: a landlord who leases land to a mobile or manufactured home owner must give "no less than ninety days notice to vacate and remove the home from the real property" if "the property is developed for an alternate use," except when the notice "is based upon a breach of the terms of a lease." Section 43-32-18.1 bars a lease term authorizing eviction of a tenant who seeks help for domestic abuse, sexual violence, or stalking.

How it works in general

A South Dakota park can't force a resident out by self-help — it has to use the courts. For nonpayment, the resident gets a three-day notice to quit before the landlord can file; for a no-fault end to a month-to-month tenancy, about 30 days' notice applies. The standout mobile-home protection is the 90-day notice a resident gets to move the home if the park's land is being developed for a different use (this doesn't apply to a lease breach). South Dakota doesn't add other mobile-home-specific eviction protections — no relocation assistance, no extra cure periods — so the general FED process and the lease govern. A resident served with an eviction should respond promptly and seek legal help.

Common scenarios

General examples South Dakota park residents commonly encounter:

• A resident falls behind on rent. A three-day notice to quit applies before the landlord files (ch. 21-16).
• A park's land is being redeveloped. The resident gets 90 days' notice to move the home (§43-32-31).
• A park threatens a lockout. Eviction must go through court; self-help isn't allowed.

Other authorities that may apply

The forcible-entry-and-detainer law (S.D. Codified Laws ch. 21-16) governs the eviction process; §43-32-15 sets the termination notice and §43-32-31 the mobile-home change-of-use notice. Because South Dakota has no dedicated park act, this guide flags the absence of other mobile-home-specific eviction protections honestly. Federal protections such as the Servicemembers Civil Relief Act and the Fair Housing Act can also apply.