This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.
A South Dakota Complaint or Petition to Recover Possession of Leased Premises after the Expiration of the Term of the Lease is a legal document filed by a landlord to regain possession of a property from a tenant when the lease term has ended. This process is initiated when the tenant fails to vacate the premises after the lease has expired and the landlord wishes to regain control and potentially re-lease the property to new tenants. Keywords: South Dakota, Complaint, Petition, Recover Possession, Leased Premises, Expiration, Term of the Lease, Landlord, Tenant. There are two different types of Complaint or Petition to Recover Possession of Leased Premises after the Expiration of the Term of the Lease in South Dakota: 1. Complaint or Petition to Recover Possession for Holdover Tenants: When a tenant remains in possession of the leased premises beyond the expiration of the lease term without the landlord's consent, it is referred to as a "holdover tenant." In this scenario, the landlord can file a Complaint or Petition to Recover Possession to request a court order for the eviction of the holdover tenant and regain control of the premises. 2. Complaint or Petition to Recover Possession for Non-Renewal of Lease: This type of complaint is filed when a landlord decides not to renew the lease agreement with the tenant at the end of the lease term. If the tenant refuses to vacate the premises after receiving proper notice of non-renewal, the landlord can file a Complaint or Petition to Recover Possession to initiate the eviction process. In either case, the complaint or petition typically outlines the terms of the original lease agreement, the expiration date, and the tenant's failure to vacate the premises after the lease term ended. The landlord will present evidence, such as a copy of the lease agreement and any correspondences, to support their claim for possession of the leased premises. It's important for landlords to follow the legal procedures outlined in the South Dakota state laws and adhere to any required notice periods before filing a Complaint or Petition to Recover Possession of Leased Premises after the Expiration of the Lease term. The court will review the complaint and, if determined valid, may issue an order allowing the landlord to regain possession of the property.
