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South Dakota codified law chapter 21-16 section 2 details the specific notice needed before a landlord can begin an eviction lawsuit. A three-day notice to quit/vacate is required. The landlord uses this notice to terminate a lease before it ends due to nonpayment of rent, lease violations or a tenant using the property for unauthorized or illegal activity.
This statute also establishes the method for legal service. A South Dakota landlord must serve the tenant with this notice as though it were a summons. The first notice service must be made by hand. If the tenant is missing or unavailable after six hours from the first attempt, the landlord can use an alternative method of service. This method consists of delivering the notice to another occupant of the home, posting the notice on the front door and sending it via first-class mail. The South Dakota tenant can avoid eviction action by leaving during the notice period or by fixing the problem by paying the rent or adhering to the lease clauses.
Once the three business day notice period has expired, the landlord can go to the magistrate or circuit court that has jurisdiction over the area the property is located in. The South Dakota landlord fills out a summons and complaint form, known as an unlawful detainer or forcible entry lawsuit. The tenant is summoned by a process server, and the hearing can take place between four to 30 days from the summon date.
The hearing results in a default judgment for the landlord if the tenant does not show up. Otherwise the judge hears both arguments in regards to the eviction. Evidence includes lease agreements, rental ledgers and witnesses.
The eviction action is called an execution for possession. The judge grants an execution for possession if the tenant refuses to leave the rental unit after the judge ruled against him. The sheriff or another law enforcement officer executes the eviction by removing the tenant from the rental unit. The landlord may bring along a locksmith to change out the locks. Once the sheriff has removed the tenant, any tenant property is inspected. Property worth less than 500 dollars can remain in the property as long as it is secure, and after 10 days it is considered abandoned by the tenant. Property worth more than 500 dollars must be put into storage at the landlord's expense. He must store the property for 30 days, after which it is considered abandoned.
Notice to Vacate
The first step of the eviction process in Kansas is the delivery to the tenant of what is called a three-day notice. The notice advises the tenant that she must correct a lease violation or vacate the premises within the three-day period of time set forth in the notice. For example, if the notice is provided because the tenant failed to pay rent, she must pay the rent due and owing within the three-day period or move out of the property. If the tenant fails to comply with the provisions of the three-day notice, the landlord has the legal right under Kansas law to pursue an eviction lawsuit.
The second phase of the eviction process in Kansas is a forcible detainer case. Forcible detainer is an eviction lawsuit in the state of Kansas. A forcible detainer case is filed in the county or district court in the county where the rental property is located. The case is filed pursuant to the provisions of the Kansas limited actions law, found at Kansas Statutes Annotated, Chapter 61. A preliminary hearing and ultimately a trial is scheduled for the case. If the landlord prevails, the court issues both an order granting a judgment in his favor as well as what is known as a writ of assistance.
The writ of assistance is an order directing the county sheriff to remove the tenants from the rental property if they do not voluntarily vacate following the court judgment. The writ of assistance directs the sheriff to remove the tenant within 10 days of the issuance of that order.
Right to Counsel
Both landlord and tenants possess the right to retain an attorney to provide representation in eviction cases in Kansas. If you cannot afford an attorney, you may be able to obtain legal representation through the Kansas Legal Aid Society or the law clinics operated by the law schools of the University of Kansas or Washburn University. Additionally, the Kansas Bar Association maintains a directory of attorneys in different practice areas. Contact the Kansas Bar Association at:
Kansas Bar Association 1200 S.W. Harrison Topeka, KS 66612 785-234-5696