What happens if we have to evict a Resident?
An eviction can be necessary for a number of reasons related to a violation of the lease agreement. Most often evictions center on non-payment of rent. Without getting into great detail, here are the basic steps for an eviction in South Dakota.
- Rent is due
- Statutory 3 days grace
- Three Day Notice to Pay or Quit served by a process server
- Four Day Summons and Complaint served by a process server
- If the Resident does not respond to the complaint, the judge is asked to sign a default judgement.
- If the Resident does respond, then a trial is scheduled.
- Trial is held and a judgement rendered.
- Once a judgement has been rendered for the Resident to be evicted, the Sheriff serves the judgement and physically removes the Resident from the property.
- The account is sent to collections in an attempt to collect money owed.
Things to keep in mind:
- Never communicate with the Resident in any way during an eviction. All communication goes through the attorney.
- Never accept a partial payment of money during an eviction. Accepting even a small amount of money can make the entire eviction start over and void all the work that has been done.
- Notices must are always served by process servers who complete affidavits of service.
- Some notices must be physically served on the person and cannot be mailed or left at the property.
- When counting days, you cannot count the day of service, weekends or holidays.
- Evictions can often take 30 days if everything goes well. They can take longer and be more expensive if complications arise.
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