Posted in Blog  
  on Sep 22, 2015

What is the Eviction Process in South Dakota

If a tenant violates a rental agreement, then landlords have the option to begin the eviction process in South Dakota. Under South Dakota's landlord-tenant law, the first step in the eviction process is to serve a tenant with a 3 day notice. This allows the tenant to have 72 hours to pay their rent or move out of the property to avoid a formal eviction. If neither happens, then landlords have the following options available to them to continue the eviction process.

1. File a Summons And Complaint.

If the 3 day notice does not rectify the situation, then the landlord must file a summons and complaint with the court. The goal of this complaint is to receive a forcible entry and detainer. Tenants typically have just 4 days to respond to this summons. If there is a specific reason why a 4 day response cannot be made, a 5 day deferral may be given. The extended time can only be approved with a security deposit for court costs and rent.

2. Attend The Trial.

After the tenant responds (or fails to respond) to the summons and complaint, a trial may be held regarding the situation within 48 business hours. If the tenant does not show up for the trial or has not responded to the summons and complaint, then a default judgment is typically issued for the case and the forcible entry and detainer will be authorized. The court will order a specific date for the tenant to be gone. If the tenant wins the case, then the eviction process in South Dakota resets.

3. Entry Is Then Obtained.

The Sheriff's office will execute the forcible entry and detainer order. If the tenant is still on the premises, law enforcement will physically remove them. Any property must be stored for a minimum of 10 days by the landlord. Property valued over $500 must be stored for 30 days. Tenants can claim their property within these time periods if they pay for the storage and handling costs of it. The eviction process in South Dakota is expedited and fast compared to most other states. It is often possible to have a legal eviction completed within a week. This allows landlords to maintain the quality of their property without a costly and lengthy legal intervention.


Related

Most Important Landlord Tenant Laws in Texas

When it comes to having a tenant for the first time, it can be pretty daunting because you are going to be the corresponding landlord and a new relationship will emerge, which will need time to grow... More


The Landlord Tenant Board: What it is and When it is Needed

Many times, there are issues between a landlord and a tenant that need to be resolved but are failed to do so, because both parties have gone too far with their actions, and have retaliated in the... More


The Landlord Tenant Laws in California

The landlord and tenant laws in California are literally the same as they are in any other state. These laws, rules and regulations are put into practice because they uphold an order, a discipline,... More


How to Write an Eviction Notice

When it comes to a landlord wanting to evict their tenant, there are specific steps that need to be followed before the process of eviction can start. It is not anymore that the landlord can simply... More


Understanding the Landlord Tenant Laws in Illinois

People are aware that there are different rulings in each state with reference to the landlord/tenant laws. The state of Illinois also has a set of laws. These rules and regulations are basically... More


How to Create a Residential Lease Agreement

Where there is a landlord, there will also be a tenant, and it is no surprise that these two parties can only work together once there is some sort of agreement, contract or a binding deal in place.... More


The Best Sites for Rental and Lease Agreement Templates

Many landlords find it difficult to write and draft a lease agreement. Since every State has its own general template, it can also be difficult to make sure your lease agreement meets all the criteria... More


The Landlord Tenant Act: What Landlords Need to Know

All landlords know that before they can formally become a landlord there are a lot of things they need to understand. Landlords and tenants cannot act as such without any legal bodies involved. That... More


What is the Eviction Process for a Landlord

When it comes to evicting a rowdy tenant from your apartment, it can be a little overwhelming, because you know that there is legal recourse and you cannot just boot out your tenant. There is a... More


5 Landlord Forms that Every Landlord Should Have

When it comes to being a landlord, one should know that it is not for the unprepared individual. This should be clear that being a landlord does not simply mean that you will be taking the rent and... More