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.
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