South Dakota Notice of Landlord's Lien and of Sale

State:
Multi-State
Control #:
US-01020BG
Format:
Word; 
Rich Text
Instant download

Description

A landlord's lien is a lien on a tenant's property for the satisfaction of unpaid rent or property damage. There are three types of liens: common-law liens, equitable liens, and statutory liens. A common-law lien gives a lienholder the right to retain possession of the property until the owner of the property satisfies the debt owed the lienholder. Statutory liens frequently expand the rights of the lienholder by modifying common-law liens or by creating new liens that did not exist at common law.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Tenants must currently give 21 days notice of their intention to terminate a tenancy. This will change to 28 days. The tenant does not need to give a reason for termination.

The tenant must give at least 21 days written notice (244.5 KB PDF) or one month's written notice if rent is paid monthly. The landlord can agree to accept less notice but this should be in writing.

In South Dakota, landlords cannot evict a tenant or force them to vacate the property without probable cause. As long as the tenant does not violate any rules, they can stay until their rental period ends.

A tenant must be given three (3) days notice to vacate before a Forcible Entry or Detainer action can be commenced by a landlord. If the tenant refuses to move after three (3) days, the landlord can then file a lawsuit (Forcible Entry and Detainer) for eviction.

Your landlord must give you notice to leave your home, this is called a notice of seeking possession or a notice to quit. if you haven't left by the time the notice has run out, your landlord can apply to court for a court order and you will receive court papers.

In South Dakota, it is illegal for a landlord to shut off your utilities or change the locks on your door in an effort to force you to move out of the rental unit. Actions such as these are often referred to as "self-help" evictions.

The minimum notice requirement is 28 days. If you have a monthly tenancy, you will have to give one month's notice. If you pay your rent at longer intervals you have to give notice equivalent to that rental period. For example, if you pay rent every three months, you would have to give three months' notice.

Your landlord must generally have made a claim for possession in the court within 8 months of giving you the notice, if they gave you the notice on or after 1 June.

A notice of possession is a document used to inform a party of the intention to retake possession of certain property. This type of document is often used by landlords who are evicting tenants.

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South Dakota Notice of Landlord's Lien and of Sale