By Jill Swanson, ERLS Staff Attorney
In South Dakota, a tenant can be evicted from their home in as little as seven days. The process is quick and there are very few ways to successfully challenge an eviction notice. However, a tenant does not have to leave their home unless there is a court order requiring them to leave. This article contains a brief explanation of the eviction process.
Notice to Quit. A landlord is required to serve a tenant with a Notice to Quit in order to start an eviction proceeding. This document explains to the tenant that they have violated their lease agreement and the landlord is preparing to evict them for lease violations. Common violations include: paying rent late, not moving after the end of the lease, or failing to keep the home reasonably clean. South Dakota law does not establish a right to cure once a Notice to Quit is served. This means that if a tenant fails to pay rent on time and then receives a Notice to Quit, the landlord is not required to accept a late payment and withdraw the Notice to Quit. Individuals who rely on State, County, or Municipal financial assistance to pay rent are at risk for eviction if the financial assistance payment comes later than the 3rd of the month. You do not have to leave the home once you receive a Notice to Quit, a tenant is legally entitled to remain in the home until there is a court order telling them to leave the home.
Summons and Complaint. Three days after a Notice to Quit is served, a landlord can file a Summons and Complaint. The Summons and Complaint is submitted to the county court explaining why the landlord wants to evict the tenant and asks for a hearing in front of a Judge. A tenant has four days to file an Answer, the formal response, to the Summons and Complaint or a default judgment can be entered. South Dakota law does not require a landlord to file the Summons and Complaint with the clerk of courts when they serve the tenant. It is possible that a tenant can go to the courthouse to file their Answer to the Summons and Complaint but be turned away by the Clerk of Courts because there is no file open yet at the courthouse. In this case, the tenant would need to locate the attorney for the landlord, or the landlord’s office if they are unrepresented, in order to file the Answer within four days.
Eviction Hearing. Four days after the Summons and Complaint is served the landlord can request a hearing. At the hearing the Judge will ask the landlord, or their attorney, why the eviction is necessary and then ask the tenant for any defense to the eviction. There are very few defenses available for an eviction. A tenant who fails to pay rent three days after it is due will almost certainly be evicted unless they can prove the landlord did not follow the proper procedure for the eviction. At the end of the hearing, the Judge will sign an order for an eviction and state how long the tenant has to leave their home. A tenant might be ordered to leave by the end of that day or they might be given as long as a week to leave in very rare circumstances.
South Dakota law has no right to cure a Notice to Quit, no requirement to file a Summons and Complaint with the court when it is served on the tenant, and very few defenses to an eviction proceeding. Even though a tenant does not have to leave their home without a court order, an eviction is almost impossible to stop.
This post is not intended to constitute legal advice. If you are facing an eviction please call the Legal Hotline at 1-877-870-1250 or apply online at www.sdlawhelp.org
This is a great question! There is a lot of confusion surrounding these terms, because the terms are used interchangeably all the time, when in fact, one term may be describing something else altogether. Let’s start with the example you raised of a “no-contact order.” The South Dakota statutes (the list and definitions of our state’s laws) do not…
South Dakota offers several ways for attorneys to obtain admittance into the state bar to practice law. As an out of state attorney (Nebraska), I was relieved to see that South Dakota offers reciprocity, meaning that because I am licensed in Nebraska, I can apply to be a member of the South Dakota Bar Association. SD Codified L § 16-16-12.1 (2021). Additionally, because I am employed by East River Legal Services, I can apply for a conditional license to practice law while my reciprocity application is being processed. SD Codified L § 16-16-17.1 (2021). Out of state license applicants have significant documentation required including a background check, proof of graduation from a law school, certification of admission to practice in the other state, disciplinary checks, a copy of the rule that allows South Dakota attorneys to waive into the other state, and my favorite requirement, a copy of the applicant’s law school application. SD Codified L § 16-16-12.2 (2021). I’ve found the document collection easier than I expected. As I made calls to request documents, I was assured that staff works on these kinds of requests all the time.
I’ve been an attorney in Nebraska for twenty-five years. I thought practicing law in another state would be difficult to figure out or would require that I sit for the Bar Examination again (something that I was not interested in doing!). When I saw the job posting for the position of Executive Director at East River Legal Services in Sioux Falls, the job was exactly what I was looking for, but I worried about the requirement that I needed to be licensed to practice law in the State of South Dakota. I was pleased to see that I had the option to waive into South Dakota based on my license in Nebraska and my job at East River Legal Services. I’m excited to be in Sioux Falls at a satisfying and challenging position for an organization I have quickly come to care about very much. East River Legal Services believes that being poor or at risk does not make you less, that equal access to our courts is an essential part of justice, and equal justice is a universal right. Sounds like a good place to work, right?
East River Legal Services is currently seeking to hire highly motivated attorneys interested in working with low-income individuals to provide them equal access to justice. We strive in our office to work as a team and fulfill the needs of our clients. If you are an attorney from a state that offers reciprocity to South Dakota attorneys, consider applying to work with our legal team. We’ll help you with the license application process!
Our office is currently seeking to hire highly motivated attorneys interested in working with low-income individuals and provide them with equal access to Justice. We strive in our office to work as a team and fulfill the needs of our clients.
See SDLC60-11-3 and 60-11-3.2. Employers with tipped employees must pay a cash wage of no less than $4.725 per hour, which is no less than 50% of the state minimum wage. See SDCL 60-11-3.1. South Dakota state minimum requirements apply to all employees; however, no minimum wage requirements apply to independent contractors.
Additional information from the South Dakota Department of Labor and Regulation available at dlr.sd.gov/employment_laws.
What can you do if you are out of work due to COVID-19? You may qualify for South Dakota Reemployment Assistance. The Department of Labor assesses each case on an individual basis. To apply for RA benefits, apply online at raclaims.sd.gov or call (605) 626-3179. For more information from the Department of Labor regarding COVID-19, visit: https://dlr.sd.gov/covid_19_resources.aspx. *The contents of this post…
COVID-19 Resources
As the COVID-19 crisis has evolved, more information and resources for those affected have become available. Below is a list of important resources to help you and your family during this time.
Below is a list of resources available during the Covid-19 closures in Sioux Falls and surrounding areas.
General Resources
https://www.helplinecenter.org/2-1-1-community-resources/helplist/
CDC Information
Here are some answers to frequently asked questions about the Coronavirus, such as how it spreads, what common symptoms are, and how to protect yourself: https://www.cdc.gov/coronavirus/2019-ncov/faq.html
The CDC has given guidance on whether it is safe to travel within the US, and has advised non-essential travel and to stay away from places with community spread of Coronavirus or travel that involves being in close contact with others: https://www.cdc.gov/coronavirus/2019-ncov/travelers/travel-in-the-us.html
School at home (K-12)
HUGE list of amazing educational resources http://www.amazingeducationalresources.com/
Scholastic Learn at Home https://www.scholastic.com/teachers/teaching-tools/articles/resources/scholastic-learn-at-home--free-resources-for-school-closures.html#
Food/meals
Food pantries https://www.foodpantries.org/ci/sd-Sioux%20Falls
School breakfast and lunch meals https://www.coronahelpsf.com/fooddistribution
Delivery of household necessities – detergent, diapers, t. paper, hygiene products, food https://www.coronahelpsf.com/deliveries
Mental health and anxiety
Local Mental health resources https://www.helplinecenter.org/2-1-1-community-resources/helpsheets/covid-19-and-your-mental-health/
Meditation apps for kids https://www.commonsensemedia.org/lists/meditation-apps-for-kids
National Alliance on Mental Illness (NAMI) https://www.nami.org/About-NAMI/NAMI-News/2020/NAMI-Updates-on-the-Coronavirus
CDC - Mental health and coping COVID-19 https://www.cdc.gov/coronavirus/2019-ncov/prepare/managing-stress-anxiety.html
Financial
COVID-19 Relief Fund https://www.siouxfalls.org/news/2020/03/17/relief-fund
One Sioux Falls fund – rent/mortgage assistance. There has been a fund established in the Sioux Falls area for those unable to pay rent and other expenses due to the impacts of the Coronavirus that do not qualify for federal housing assistance:https://www.helplinecenter.org/2-1-1-community-resources/one-sioux-falls-fund/
Income Tax Relief - https://www.irs.gov/coronavirus
Community
City of Sioux Falls https://www.siouxfalls.org/covid19
Better Together Sioux Falls Facebook group https://www.facebook.com/groups/795082001002486/
Local Sioux Falls churches have also come together to bring food and supplies to those in need during the pandemic. Follow this link to request assistance or to volunteer in the distribution efforts: https://www.coronahelpsf.com/
Employment
Reemployment Assistance (formerly Unemployment Insurance) due to COVID-19 https://dlr.sd.gov/ra/covid_19_ra_eligibility.aspx
Job opportunities http://opportunitysf.com/job-opportunities.cfm
Government agency resources https://dlr.sd.gov/covid_19_resources.aspx
Legal
East River Legal Services (civil legal issues) – www.erlservices.org
Access to Justice State Bar Pro Bono Program (civil legal issues) – www.statebarofsouthdakota.com/access-to-justice
South Dakota Network (domestic violence) - https://sdnafvsa.com/home/
Ask Questions to SD lawyers anonymously – SD Free Legal Answers – https://sd.freelegalanswers.org/
Entertainment – virtual tours while social distancing
Museum tours https://www.travelandleisure.com/attractions/museums-galleries/museums-with-virtual-tours
Zoos and aquariums, museums and theme parks https://www.goodhousekeeping.com/life/travel/a31784720/best-virtual-tours/
Questions about COVID-19???
COVID-19 Information Line – https://covid.sd.gov/ or call #1-800-997-2880
Apply for Legal Assistance
Legal Services offices are limiting staff interaction with applicants and clients for the safety of our staff and clients, we are taking in applications for legal assistance online at https://www.sdlawhelp.org/apply
Wills for Heros is a free monthly legal clinic for Veterans and their spouses to receive simple wills and Power of Attorney. This clinic is for income-qualifying individuals and is available by appointment only. You must call and schedule an appointment to meet with the attorneys on the day of the clinic.
Need help filing out UJS Divorce Forms?
Want a neutral third-party Mediator to assist you in discussing and resolving issues, such as custody & parenting time, for your Settlement Agreement Form?
The South Dakota State Bar is offering a program to help parties filing for Divorce in Minnehaha and Lincoln Counties by assisting with completing UJS Divorce forms and offering mediation services to help parties come to agreements. There is no charge for WORKS sessions.
