South Dakota Rental Rights
South Dakota rental rights are governed by the state’s codified laws. These laws will address various issues such as security deposits, evictions, rights and responsibilities of the tenant and so on. One might find it difficult to read through the entire codified laws to fully understand all the South Dakota rental rights although this article will make things a little bit easier by giving a quick summary of the most common and most important South Dakota rental rights in effect today.
Security deposits – South Dakota rental rights – South Dakota rental rights regarding security deposit are very thorough and in favor of the tenant. For example, South Dakota rental rights will limit the maximum security deposit amount to the equivalent of one month’s rent. However, the landlord may charge a high security deposit if they deem that special circumstances require a higher security deposit to cover potential damages. The most common case of special circumstances is when a tenant has a pet. In this case, South Dakota rental rights guidelines will allow a landlord to seek more than one month’s rent as security deposit. Also, South Dakota rental rights will require that the tenant physically inspect the rental property before paying a security deposit. After inspection, the tenant will sign what is called a condition report or statement which will also be needed to be signed by the landlord. This condition report will help protect South Dakota rental rights in regards to security deposit refunds in the future.
Coming to security deposit refunds, South Dakota rental rights will require that a landlord return a security deposit within a period of two weeks or 14 days after a tenant has vacated the premises of a building. The landlord may withhold a part of or the whole security deposit if they need to although South Dakota rental rights will require that the landlord provide a written explanation of the charges and reasons for withholding the security deposit. South Dakota rental rights will also allow the tenant to seek an itemized bill showing all the expenses in great detail and the landlord will usually have 45 days to present such a bill to the tenant.
Eviction and eviction grounds – South Dakota rental rights – To evict a tenant, the landlord must first get a notice of eviction court order from either a magistrate or a circuit judge. Once this court order is served, South Dakota rental rights will allow the tenant three days to vacate a property. If the tenant fails to vacate the premises within the three day period, a formal eviction order will have to be obtained from the court which will then be enforced by the sheriff. South Dakota rental rights will protect the tenants from usual landlord retaliation tactics such as lockouts or utility shut offs.
Agricultural tenants – South Dakota rental rights – South Dakota has vast acres of agricultural land and the laws surrounding agricultural lands are very different from the usual rental properties such as apartments or condos. South Dakota rental rights require that tenants of agricultural land pay their rent before the end of each year. Agricultural tenants are not required to enter into contracts or lease agreements.