South Dakota Notice That Lessor Does Not Consent to Assignment
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How to fill out Notice That Lessor Does Not Consent To Assignment?
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FAQ
As a general rule, retail leases prohibit tenants from assigning the lease to an assignee or subleasing the premises to a subtenant (each referred to herein as a ?Transfer?) unless the landlord consents in writing to such Transfer.
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.
The local building inspector, or state or local health department, are the authorities to contact if your complaint relates to the health or safety of the tenant(s). The name, address, and telephone number of those organizations can be found in your local telephone book under city, county or state government.
If the cost of necessary repairs exceeds one month's rent, after written notice stating the specific reason for the withholding, the lessee may withhold payment of rent and immediately deposit it in a separate bank or savings and loan account, written evidence of such action to be provided to the lessor upon deposit, ...
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.
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.
Most negotiated leases will instead contain a provision requiring that landlord's consent to an assignment is required, but such consent will not be unreasonably withheld. The tenant will likely also try to include landlord's obligation to not unreasonably delay or condition its consent.
When making a request for consent to assign a lease, the Tenant should include all relevant information about the proposed assignee, to enable the Landlord to make a decision. Relevant information is likely to include company details, audited accounts and references.
