Many property owners here in the Black Hills choose to rent their properties out during the summer months to summer workers or to tourists visiting for Bike Week. However, they usually fail to get a written lease agreement or they find a simple do it yourself lease agreement on the internet only to later find that the provisions of that lease offer little protection for them. This is where I come in to help. Before even renting
your home, let me draft a lease agreement suited to your needs and wishes.
Landlord Tenant Law
Disputes happen every day between people; however, when disputes happen between landlords and tenants, the law has very specific procedures to handle these disputes. This is where I can help guide you.
When a landlord seeks to evict a tenant, many landlords wish to "self help" and evict the tenant's themselves. However, South Dakota law requires a specific process to handle an eviction and does not allow for self help evictions. The first step is to have the Sheriff or an uninterested party serve the tenant with a 3-day notice to quit. This notice gives the tenant three days to vacate and it states the reasons why the tenant needs to vacate the premises. If the tenant fails to leave after three days, I can draft a forcible entry and detainer action to be served on the tenant. If the tenant still fails to leave or files a counter suit, then a hearing in front of a judge will be scheduled. I can help with this entire process and I can help avoid costly mistakes and wasted time.
A tenant has certain rights provided by their lease and provided by the law. One of those rights is the quiet enjoyment of their leased property. “Quiet enjoyment” is one of two basic entitlements or covenants (the other being habitability) that the tenant is buying with their monthly rent. The term is difficult to define because each situation is different and everyone has a varying opinions on what “quiet” and “enjoyment” mean. Generally, this covenant means that the landlord will not do anything to disturb the tenants’ rights to peacefully and reasonably use their rented space, and that the landlord will act in a way that allows for peaceful use. In most cases, it is only relative to the tenant’s ability to access and enjoy the premises. When a landlord violates this covenant, there may be remedies under the law for the tenant.
Many times people forget attorneys can help negotiate between the parties. I try to help people focus on the big picture of what they want and how to achieve their goals. Sometimes agreements between tenants and landlords can be reached and both can avoid the costs and headaches of heading to court.
Copyright Garland Lee Goff, Attorney at Law, LLC. All rights reserved.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.