This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
South Dakota Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment
State:
Multi-State
Control #:
US-01678BG
Format:
Word;
Rich Text
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How to fill out Complaint In Small Claims Court For Failure Or Refusal To Return Money Deposited For Apartment?
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FAQ
Because South Dakota does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it.
In general, a landlord in South Dakota has to repair any issues at a rental property that could substantially affect a tenant's health or safety. The landlord must repair issues within a ?reasonable time? (decided case by case) of getting notice from the tenant about the needed repairs.
Every lessor of residential premises shall, within two weeks after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the security deposit to the tenant, or furnish to the tenant, a written statement showing the specific reason for the withholding of the deposit ...
The small claims court is an informal court which allows people to sue for small losses of money or property. The procedures are simple enough so that an individual can file and handle his own claim in court. The limit set by the law for small claims actions is $12,000.00 or less. SDCL 16-12C-13.
Tenants in South Dakota should report violations to the local office or officers responsible for housing code enforcement. The exact process depends on municipality. After receiving a complaint, an inspecting officer might contact the tenant for more information.
Yes, tenants can withhold rent in South Dakota if landlords have failed to fix serious problems that break the warranty of habitability and if the costs to fix the issue total more than one month's rent.
Reasonable notice of landlord's intent to enter--Contents. Except in case of an emergency or if it is impracticable to do so, a landlord or landlord's agent shall give the tenant reasonable notice of the landlord's intent to enter and enter only at reasonable times.
If you end your lease early under South Dakota's housing law you cannot be charged early termination fees or rent for the months after you move out. However, if you damaged the property or if you owe any back rent prior to leaving the property, you would still owe the landlord money to pay for the damage or back rent.