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Eviction Process


EVICTION PROCESS:

 

If a tenant has failed to meet the conditions of their rental agreement or lease, they may be evicted from the premises. State law prescribes the procedure of an Eviction.  

The first step of an eviction requires a Notice to Quit be served upon the defendant (s). The Notice to Quit is a document outlining the landlord’s wishes and reasons for the tenant to vacate the premises within three days.  You may serve this yourself but you will have to show proof of service.  You should document the date, time and place it was served.  To have the Sheriff serve the Notice to Quit, the cost is $25 plus mileage and other expenses. 

21-16-2. Notice to quit required before commencement of proceedings--Service and return. In all cases arising under subdivisions 21-16-1(4), (5), and (6), three days' written notice to quit must be given to the lessee, subtenant, or party in possession, before proceedings can be instituted, and may be served and returned in like manner as a summons is served and returned. On the second service attempt, at least six hours after the previous service attempt, the notice to quit may be posted in a conspicuous place on the property, and also delivered to a person there residing, if such person can be found; and also sent by first class mail addressed to the tenant at the place where the property is situated.

If the defendant does not leave at the end of the three days the next step is a Summons and Complaint.  Generally this is obtained with the assistance of an attorney.

If the process evolves to the point the Sheriff’s Office receives a court order to remove a person and property from the residence, the landlord, not the Sheriff’s Office is responsible for the safe keeping of the renter’s property. 

If the tenant moves and there is property remaining, the following statues apply:

 SDCL 43-32-25   Small amount of tenant's property left on premises presumed abandoned--Disposal by lessor. The property of a lessee, the total reasonable value of which does not exceed five hundred dollars, left on leased residential premises by the lessee for ten days after the lessee has quit the premises, is presumed to have been abandoned by the tenant and the lessor of the residential premises may dispose of the abandoned property.

SDCL 43-32-26   Storage of tenant's valuable property left on premises--Lien--Disposal as abandoned after waiting period. The property of a lessee, of a total reasonable value exceeding five hundred dollars, left on leased residential premises by the lessee after the lessee has quit the premises, shall be stored by the lessor. The lessor shall have a lien on the property to the extent of the costs of handling and storing the property. After storing the property for thirty days or more the lessor may treat the property as abandoned and dispose of it.