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.

1. Rent is due
2. Statutory 3 days grace
3. Three Day Notice to Pay or Quit served by a process server
4. Four Day Summons and Complaint served by a process server
5. If the Resident does not respond to the complaint, the judge is asked to sign a default judgement.
6. If the Resident does respond, then a trial is scheduled.
7. Trial is held and a judgement rendered.
8. 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.
9. 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.