What is the deadline to file a mechanic’s lien in South Dakota?
In South Dakota, a contractor must file a lien statement with the county register of deeds within 120 days after doing the last work or furnishing the last materials, or the lien ceases. Before filing, the contractor must mail a copy of the lien statement to the property owner by registered or certified mail and attach the post office receipt to the statement. No preliminary notice is required of a contractor who contracted with the owner; filing a notice of project commencement is optional. The lien must be asserted by complaint or answer within six years after the date of the last item of the claim in the filed lien statement. If the owner, the owner’s agent or the contractor serves a written demand to sue, suit must be commenced within 30 days after service or the lien is forfeited. A subcontractor or supplier often has different notice requirements and deadlines. This is SDCL §§ 44-9-15, 44-9-17, 44-9-24, 44-9-26, 44-9-50.
| What | South Dakota |
|---|---|
| Deadline to file the lien | 120 days after the last work |
| Who this deadline is for | A contractor hired directly by the owner |
Source
SDCL §§ 44-9-15, 44-9-17, 44-9-24, 44-9-26, 44-9-50
Read the statute in the South Dakota Codified Laws (South Dakota Legislature): sdlegislature.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
A contractor on Seayora keeps every job’s dates, its estimate, its invoices and its payments in one record, so the date work was last performed and the amount still owed are on file when a lien deadline is counted.
Guides on this rule
- Mechanic’s Lien Deadlines by State: When to File — Mechanic’s lien filing deadlines in all 50 states and DC, when each clock starts, and the notice a statute requires before filing.
Compare this rule in every state
More South Dakota rules
- How long does a landlord have to return a security deposit in South Dakota?
- How much can a landlord charge for a security deposit in South Dakota?
- How many days does a tenant get to pay late rent in South Dakota?
- How much notice does a landlord have to give before raising the rent in South Dakota?
- What are squatters’ rights in South Dakota?
- Is there rent control in South Dakota?
- Can a landlord retaliate against a tenant for complaining in South Dakota?
- Do you need a license to do electrical work in South Dakota?
- Do you need a license to work as a plumber in South Dakota?
- Can you use a transfer-on-death deed in South Dakota?
- How does joint tenancy with right of survivorship work in South Dakota?
- Do contractors charge sales tax in South Dakota?
- Is a capital improvement exempt from sales tax in South Dakota?
- Is appliance repair taxable in South Dakota?
- Is contractor labor taxable in South Dakota?
- Every South Dakota rule on one page
The same question in other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii