South Dakota Eviction Questionnaire for Tenants

State:
Multi-State
Control #:
US-Q1015
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of a tenant in an eviction matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

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.

Landlords cannot enter tenanted properties without giving proper notice. Landlords cannot arbitrarily end someone's tenancy before the lease expires. Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.

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).

Thus, the eviction process can take from five weeks to three months, assuming there are no delays. If there are delays, the process can take as much as a year.

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.

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.

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.

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South Dakota Eviction Questionnaire for Tenants