Eviction Process in South Dakota
The eviction process in South Dakota begins by the landlord giving the tenant a three-day notice to quit. This notice is used to terminate the lease before its normal ending date due to nonpayment of rent or lease violations or the tenant using the property for unauthorized or illegal activity.
The eviction notice you receive from your landlord is controlled by your state landlord tenant laws rather than your residential lease agreement. This is also true for the eviction process. While your rental agreement form states when your lease begins and ends, it doesn’t usually contain information about eviction notice processes. Rental laws derive from the landlord tenant rules (state statutes) Eviction procedures vary widely around the country, just like eviction rules. All the names at the bottom of the page are various names for eviction notices or lease ending notices. However, they are used to accomplish different purposes. For this reason, it is crucial to examine the notice you get from your landlord carefully. Ask yourself “What is it that the landlord is trying to accomplish with this notice? What is it that I am supposed to do?”
Eviction Process in South Dakota
The landlord serves the tenant as though it were a legal document. This means the landlord cannot deliver it. The first notice must be given to the tenant by personal service. If the tenant is not available or missing, after waiting six hours from the first attempt, a landlord can use another method of service. The landlord then gives notice to another occupant of the house or posts a notice on the front door and sends it via first class mail. During this notice period the tenant can cure the problem by curing the lease violation, paying the back rent or taking whatever action the notice requests. However if the problem is not cured in the notice period, then the tenant is requested to move out at the end of the notice period.
After the notice period has expired, if the tenant is still in possession of the property, the landlord must go to the Magistrate or Circuit Court that has jurisdiction over the area where the property is located. The landlord fills out a summons and complaint form which South Dakota calls an unlawful detainer or forcible entry lawsuit. The clerk of the court sets a date and time for the hearing which is at the local courthouse. The form is served upon the tenant by a process server and the hearing takes place between 4 and 30 days from the summons date.
The tenant should answer the summons if they intend to contest the landlord’s allegations. Otherwise, the landlord will win by default. At the hearing the landlord and tenant each have an opportunity to present their case. Each side should bring with them a copy of the lease, any notices, rent receipts, any written communication, and any paperwork or witnesses that will help them prove their case. The judge will listen to all the evidence and render a decision.
If the tenant wins, they are allowed to stay. If the landlord wins they get an execution for possession. If the tenant does not leave after the judge rules against them, the execution for possession gives the sheriff or some other law enforcement officer the ability to handle the eviction by removing the tenant from the rental unit. After the tenant’s possessions are removed they are examined for value. Property worth less than $500 can remain in the property if it is secure and after 10 days is considered abandoned by the tenant. Property valued at more than $500 has to be stored at the landlord’s expense. He can store the property for 30 days after which is considered abandoned.
Most states require that evictions occur for only a few reasons that are defined in the state’s Landlord-Tenant statutes. You can download the statutes for your state from this website. The book “How to Stop an Eviction” has chapters on contents of notices and types of notices. If the notice you receive does not contain the correct information, you can get your eviction action cancelled. To obtain those chapters go here.
How the notice is served on you is very important. States have different notice requirements, defined by the state statutes. You can download your state statutes from this website. If the notice was given to you improperly, you can get your eviction action cancelled. The book “How to Stop an Eviction” has a chapter on serving the notice so you can see if you were served properly. To obtain the chapter, go here.
After the notice period, the landlord summons the tenant to court. The summons must meet state standards for content and timing. The state standards can be downloaded from this website. The book “How to Stop an Eviction” has a chapter on contents of the summons so you can verify that the summons contained the correct information. If it does not, you may be able to get the eviction dismissed. To get access to that information, go here.
How the summons is served is important in the tenant’s defense. Many states require that the summons notice be served by someone other than the landlord. The service is often done improperly. In the book “How to Stop an Eviction” there is a section on contesting service of the summons. To get that information, go here.
It is also important that the tenant respond properly to the summons with the correct information to use at trial. There is an extensive chapter in the book “How to Stop an Eviction” showing the tenant how and where to research to determine problems with the landlord’s position. The response to the summons is where that research is entered. The chapter contains over 200 defenses to the eviction. To get access to the information, go here.
In the book “How to Stop an Eviction” there are two chapters relating to the trial. One chapter focusses on preparing for the trial, organizing the information and preparing it to be summarized and presented quickly. The other chapter is on trial strategy. Knowing what information to bring up and when is crucial to the tenant winning. To get access to that information, go here.
If the tenant loses at trial, there are still an additional 9 ways to either win or stall the eviction, sometimes for months. To get access to that information, go here.
Other Useful Information Below
1) Types of tenancies
The notices that you get from your landlord are based on the type of tenant you are. The landlord is required to know what type of tenant you are and to give you the proper notice. If they give you the wrong type of notice, you can often get your eviction action dismissed. To figure out which type of tenant you are, click on this type of tenancy for a quick analysis.
2) Bad mistakes that landlords make that can get them sued.
Click on the links below to see a quick summary of the problem
Health and safety Violations
Violations of Quiet Enjoyment
Unfair or Deceptive Trade Practices
3) Getting the laws of your state
This summary information is provided with the understanding that it is subject to errors, omissions and misstatements. State laws are updated frequently and the most up to the minute information is contained in your state’s statutes.
It is important that you obtain the laws of your state and completely review them. We have a link on this website for you to obtain your state’s laws. To get your state’s laws, click here.
See paragraph above for context of the notices below. The paragraph begins “The eviction Notice”.
Letter of Eviction Notice
3 Day Notice to Quit
Landlord 30 Day Notice
3 Day Eviction
30 Day Eviction
3 day Eviction Notice
3 Day Notice of Eviction
Tenant Notice to Vacate
Notice to Tenant to Vacate
End Tenancy Letter
30 day Notice of Eviction
Notice to Vacate letter
3 Day Notice to Vacate
Notice to Tenants
Letter of Eviction
30 Day Notice to Vacate
Lease termination letter
Notice to Evict letter
Notice to Vacate
Notice For Eviction
Notice to End Lease
For the eviction process in other states, click the link below