South Dakota Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

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Multi-State
Control #:
US-03315BG
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Description

Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.


An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.


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

30-Day Lease Termination Landlords must give tenants 30 days' notice to move out if they're on a month-to-month lease in South Dakota.

Yes, South Dakota is a landlord-friendly state.

Evictions typically stay on your public record for up to seven years, but they usually won't show up on your credit reports or directly affect your credit.

If the tenant refuses to move after three (3) days, the landlord can then file a lawsuit (Forcible Entry and Detainer) for eviction. The lawsuit begins by serving the tenant with a Summons and Complaint which gives the tenant four (4) days to file and serve a written answer.

South Dakota Eviction Process Timeline Notice Received by TenantsAverage TimelineTenant Files a Written Answer4-30 daysCourt Hearing and Judgment2 daysIssuance of Execution for PossessionA few hours to a few daysReturn of Rental UnitA few hours to a few days2 more rows ?

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.

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.

Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted. The term sufferance means the absence of objection without genuine approval.

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South Dakota Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term