By Type (3)
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Prohibited Landlord Actions
Utility Shutoff – If a landlord willfully causes the interruption of electric, gas, water, or other essential services to the tenant, the tenant may sue the landlord, terminate the rental agreement, and recover up to two months’ rent in damages.[5]
Changing the Locks – If a landlord unlawfully removes or excludes the tenant from the premises, the tenant may sue the landlord, terminate the rental agreement, and recover up to two months’ rent in damages.[5]
Court Forms
The following eviction documents must be obtained from the magistrate or circuit court where the rental unit is located; South Dakota does not provide eviction paperwork online.
Summons and Complaint – Landlords can file this document with their local magistrate or circuit court to initiate a forcible entry and detainer action (eviction) against a tenant.
Judgment for Possession – If a landlord wins an eviction lawsuit, the court will issue a Judgment for Possession which proves that the landlord has regained possession of the premises.
Execution for Possession – Landlords may request an Execution for Possession if a tenant continues to reside on the premises after being evicted. This document authorizes the sheriff’s office to visit the tenant and remove them from the property.
How to Evict a Tenant (4 steps)
2. File Court Forms / Serve Tenant
If the tenant does not respond, the landlord may then go to the Local Magistrate or Circuit Court representing the area in which the property is located to file a Forcible Entry and Detainer Action. The landlord must fill out a Summons and Complaint and have the tenant served.
The filing fee is $70.[6]