What Every Renter Needs to Know About South Dakota Eviction Laws
When you're renting in South Dakota, you need to know the . Every state has its own guidelines. And these laws are designed to balance protections for both the tenant and the rental property owner. When your rent life feels like it's smooth sailing and problem-free, you might not feel the need to brush up on the details. But if you rent for very long in South Dakota, you'll likely encounter an issue that warrants having a little South Dakota eviction law knowledge.
There are South Dakota roommate eviction laws, South Dakota state eviction laws, and even more specific eviction laws in Minnehaha County. To know what applies to your situation, you'll need to understand the lease terms, the basics, and how to protect yourself in an eviction scenario.
Getting evicted can be hard enough as it is. Deciphering what legal recourse you might have to recover a deposit, challenge the eviction, or sue your landlord can just make a South Dakota eviction that harder to navigate. So here's what every renter needs to know about South Dakota eviction laws. And there's a DoNotPay way to make it a whole lot easier.
Reasons You Might Need to Know South Dakota Eviction Laws
You can probably get through your entire life without having to know much more than the basics about the law in South Dakota. You know not to speed in traffic. You know there's jail time associated with theft. Jaywalking is a no-no, too. But what do you really know about ?
If you're renting, there are a few instances that might arise that warrant knowing a little more than the basics. South Dakota eviction law knowledge comes in handy if you're:
- Attempting to remove a roommate
- Getting an eviction notice
- Fighting an unfair eviction notice
- Thinking about withholding rent as recourse
- Signing a rental agreement for the very first time
- Trying to get your security deposit back
Eviction Laws in South Dakota
Every state has its own take on rental agreements, tenant rights, and landlord permissions. If you're renting in South Dakota, however, there are a few key guidelines you should know. And there can be variances in SD eviction laws during the winter, because of the pandemic, and by the county to consider, too.
The 'Hold Over' South Dakota Eviction Law
There is a "holdover provision” in South Dakota eviction law that addresses staying on the property after the lease terms have expired. Landlords MUST provide notice to renters before evicting them. They can't just allow the lease to expire and evict without notice.
Can You Get Evicted in South Dakota Right Now?
Despite what South Dakota eviction laws dictate, you'll need to make yourself aware of any pandemic-inspired eviction moratoriums that might still be in effect. Because of the financial burdens on Americans, some municipalities have extended these bans on evictions. If eviction bans are lifted and you're having trouble paying bills, here are a few resources to help.
|SD Cares Housing Assistance Program Application||https://sdcareshousingassistance.communityos.org/|
|South Dakota Public Utilities Commission||https://puc.sd.gov/consumer/default.aspx|
|Minnehaha County Human Services||https://www.minnehahacounty.org/dept/hs/appAssistance/appAssistance.php|
South Dakota Eviction Laws About Forceful Evictions
A landlord can actually be sued for any forceful evictions enacted without proper notice. And a tenant has the right, according to South Dakota eviction laws, to seek damages, including two months' rent and security deposit amounts. Another aspect of an unlawful, forceful eviction is the tenant's court costs become the burden of the defendant landlord.
What Does a South Dakota Eviction Look Like Anyway?
Based on South Dakota eviction laws, here's how a legal eviction might look in terms of court-based next steps and timelines.
- Notice is provided by the landlord seeking a solution to a problem or vacation of the property.
- If the renter stays without curing the problem, the landlord will file and serve a complaint.
- Answers are filed.
- Hearings ensue, and judgments are issued.
- If granted, "Execution for Possession" is posted.
- Property possession then gets returned to the landlord.
This timeline could take up to five weeks to execute from start to finish. However, depending on other circumstances, this six-step process could last months or longer, especially if a jury trial is involved.
Reasons a Landlord Might Evict a South Dakota Renter
According to South Dakota eviction laws, there are several legal reasons a landlord can leverage as a reason to evict. As a renter, these are deal-breakers you want to avoid violating.
- Nonpayment of rent
- Violation of an official rental agreement or lease terms
- Sale of the rental unit by the property owner
- False claims regarding service animal needs
- End of the lease terms
Your Rights as a South Dakota Tenant
You should know more about your rights as a tenant and South Dakota eviction laws, on the other side of a potential eviction. Suppose your landlord violates any of the timeline laws, forceful eviction laws, or notice provisions. In that case, you have grounds to not only remain in the property but to also sue for damages.
Retaliation evictions, for example, are unlawful removal by shutting off utilities, dramatic rent increases, or other fees. If you have filed a complaint about property repairs or conditions, and your landlord retaliates, you have grounds to sue.
As a renter, you also have rights to certain amenities under South Dakota eviction laws. Basics like running water, ample heat supply, and safety features are required. Violation of these basic life essentials provides renters an opportunity to fight an eviction.
How to Fight an Eviction on Your Own
If you have a grievance with your South Dakota landlord, you'll need to first send and document a complaint outlining your concerns. If you get an eviction notice that you plan to dispute, you'll need to submit your intention to do so. And you'll then have to file with the local courts, which means finding the right forms and documents to complete and submit. Or, instead of navigating the complex legal system with regard to South Dakota eviction law, you can let DoNotPay do all the heavy lifting for you!
How DoNotPay Can Help You with South Dakota Eviction Laws
DoNotPay is here to guide you through every tenant-landlord conflict and file your disputes on your behalf. Our Landlord Protection product can help you:
- Get back your security deposits
- Learn about your state's eviction laws and what protections apply in your case
- Resolve disputes regarding repairs with your landlord
- Resolve disputes with roommates by filing demand letters or going through small claims court
- Break your lease early
If you want to break a lease but don't know where to start, DoNotPay has you covered in 4 easy steps:
- Search for and open the Landlord Protection product on DoNotPay.
- Select which issue applies to you.
- Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.
- Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.
And that's it! You should hear back from your landlord directly once your demands are sent.
Why DoNotPay Is the Best Way to Deal with a South Dakota Eviction
Because knowing and understanding South Dakota eviction laws can be tedious, DoNotPay becomes the best way to handle any eviction, lease-breaking, or litigation efforts. The Landlord Protection product is:
- Fast—You don't have to spend hours trying to figure out South Dakota eviction laws.
- Easy—You don't have to struggle to fill out tedious forms or keep track of all the steps involved in defending yourself or finding a rental-based solution to your problem.
- Successful—You can rest assured knowing we'll make the best case for you, so you don't have to worry about timelines or proper next steps.
Other Legal Efforts DoNotPay Simplifies for You
DoNotPay doesn't just simplify South Dakota eviction law conflicts. DoNotPay can help with drafting and sending demand letters, complaints, and suing in court in a variety of states. If you need rental next-step guidance in Florida, Kentucky, or California, our Landlord Protection product can help anywhere! Need to break your lease in Ohio? Vermont? Louisiana? DoNotPay is just a click away!
DoNotPay Has Other Complicated-Made-Simple Products You'll Love
You'll love how easy DoNotPay makes dealing with an eviction dispute and South Dakota eviction law so much, you'll wish DoNotPay could help with a host of other time-consuming tasks. You're in luck! DoNotPay can help with all kinds of legal, situational, and municipal challenges like:
- Suing in Small Claims Court
- Finding Those Hard-to-Find Standardized Legal Documents
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- FOIA Requests
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If you still have questions about , explore your options with DoNotPay. Let us help you handle whatever rental challenges you're facing.