21-16-2 Notice to quit required before commencement of proceedings--Service and return.
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
Source: JustC 1877, § 35; CL 1887, § 6074; RJustC 1903, § 45; RC 1919, § 2172; SDC 1939 &
Supp 1960, § 37.3903; SL 1986, ch 173.