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This provision is known as an option or options to renew. The lease will provide that if the tenant is up to date with rent payments and compliant with all the other terms of the lease then the tenant may take up the option to renew by providing a Notice of Exercise of Option to Renew to the landlord.
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 only lawful way to evict a tenant is for the landlord to obtain a court order signed by the circuit court or magistrate judge. This is obtained in a lawsuit called a "Forcible Entry and Detainer" action.
South Dakota tenants have to provide written notice for the following lease term:Notice to Terminate a Week-to-Week Lease. If no end date is specified in the agreement, then a one-week notice required to terminate.Notice to Terminate a Month-to-Month Lease.Notice to Terminate a Yearly Lease with No End date.
If the tenant does not accept the renewal offer within the prescribed time, the landlord may refuse to renew the lease and seek to evict the tenant through court proceedings. If the tenant accepts the renewal offer, the landlord has 30 days to return the fully executed lease to the tenant.
Your landlord cannot make you leave your home without giving you the appropriate notice. The notice period is usually four months, however sometimes this can be reduced to 2-4 weeks in serious cases. Anyone who has Covid-19 symptoms or who is self-isolating will not be expected to leave their home through eviction.
Evicting a tenant in South Dakota can take around five weeks to three months, depending on the reason for the eviction. If tenants request a jury trial, the process can take longer (read more).
About half of South Dakota counties are protected by the new federal eviction ban as 96% of federal housing aid to the state remains unspent. The CDC moratorium on evictions related to non-payment of rent applies to counties that have high or substantial spread of the coronavirus.
A commercial lease agreement with an option to purchase, also known as a lease option, is a form of commercial real estate contract in which the tenant and the property owner agree that there is an option for the tenant to buy said property at the end of a stipulated rental period.
An option to renew or extend the lease means that upon the tenant's exercise of the option (choice), the provisions of the agreed-upon option are adopted for another defined term. The terms of the option can include the length of the new term, a change in rent, and other modifications.