what is the law regarding eviction in south dakota?
108616
If you are only paying for the location on rent. The land lord can evict you. He can go to court and get an eviction, you get served. 30days is the usual time. He can have a constable come and force you to move or move your trailer off and store it and charge a fee for storage, so pay up or get out.
717445
Yes, you can evict.  The other party clearly is not keeping his part of the contract, and so you can exercise your rights and evict.  Start this process immediately.  Get a sheriff's department to deliver the eviction notice, do everything by the law.\n\nFirst, go take a bunch of pictures of the property to show in court, if necessary.  Good luck, and get rid of these losers who are destroying you financially!  Not to mention your reputation.
932354
Landlord / tenant laws vary greatly from state to state, and even from city to city.  In most places the deal is that the landlord can't engage in "self-help," that is, locking you out of your residence or throwing your things out on the street, without a court order. Some crazy states, like Texas, allow a landlord to take out a "landlord's lien," on your personal property, which may allow them to take possession of your stuff as security for failure to pay rent.\n\nHere's a link to an article about freezeouts on findlaw.com, a reputable source that's used by attorneys and average citizens alike:\nhttp://realestate.findlaw.com/landlord/landlord-eviction/tenant-eviction-illegal-self-help.html\n\nHere's another website based on Ohio law.  This sounds similar to the processes in many states, but may or may not be the same as your state:\nhttp://www.ohiolandlordtenant.com/faq2.html
997267
with out knowing what state you are in this is hard to answer.  however the process in CA is that if a tenant has filed thier Answer with the court then the renter cannot file for Default.  and they should not have been able to evict you with out having filed an Writ of Possession. if you live in Ca, call the California Rural Legal Assistance.  if you dont live in Ca call your local courthouse where the case was opened and ask them to direct you to a local agency who can assist with UDs.  also ask for your states website for self help info.  the www.lawhelp.org can direct you to info on your state, be sure to check that one out. good luck
653390
make sure you provide a notice to vacate the premises IN WRITING (make a copy for your records).  Go to your courthouse and file a "dispossessory warrant," with your magistrate (small claims) court.  They will give you a court date and deliver a summons to your tenant.\n\nYou can probably find online all the applicable landlord-tenant rights/renters rights for your state.\n\nCall your sheriff department, and they can provide you info/leads.\n\nI evicted a tenant after having taken him to court, and I was well prepared with documentation.  Under my circumstances I could have moved him in in 7 days, but I gave him 30.  He failed to move, so I enlisted the sheriff department and an eviction service.\n\nDon't worry.  If you have your documentation in order, the court will likely side with you.  Work through your court.
175830
Eviction laws vary from county to county, and state to state. Most of the time, you can be served with a 30 day notice to vacate property, and if you do not move, the landlord can file an unlawful detainer against you. In some places, the landlord is required to serve you with 60 day notice if you have resided at the property for more than 12 months. In any case it really doesn't matter what you have done to improve the property, or how much rent you have or have not paid. The landlord has a right to reclaim his property if he chooses. Please always have the terms of residence in writing. It is unfortunate that a relative, has chosen to go in a direction that does not accomodate your needs. Maybe he wants to sell the land, but any way you look at it, you need to make other arrangments. Sorry.\nMake sure you check with an attorney, or legal aide in your area.
1154263
Iowa law requires that notice be given 30 days in advance or as long as the period between rental payments is:\n\n"A person in the possession of real estate, with the assent of the owner, is presumed to be a tenant at will until the contrary is shown, and thirty days' notice in writing must be served upon either party or a successor of the party before termination of the tenancy. However, if a rent is reserved payable at intervals of less than thirty days, the length of notice need not be greater than the interval."\n\nThe landlord could also evict you, but that involves a notice of nonpayment, an order delivered by the Sherriff that eviction proceedings are being held, and a court date
137866
First of all, the laws on the eviction process and landlord/tenant laws vary by state.  Second, the law can even be different if this is a commercial property vs. a residental property.  Third, it is unclear what you mean by "eviction letter".  Is it a notice to pay rent or quit due to past due rent?  Or perhaps just a notice for you to move out because they want to get another tenant?\n\nIf the notice was truly sent in 2004, the law of your state MIGHT deem the notice to have expired.  Or the notice might be invalid if the landlord accepted rent from you after the date of the notice.  Or maybe the landlord pulled up and old form from another matter, forgot to change the date and served it recently.\n\nRegardless of what the facts are, you need to see a local who is well versed in the landlord/tenant laws of your state.
64608
You are going to have to contact a lawyer who will put a motion forward to your local court to have the eviction stayed untill they hear your case. \n\nDo it as soon as possible and get ready to provide information as to why you should not be evicted. What did your landlord do or not do etc.
1147418
Legally she does not have to go.  The owner/Landlord of the property has to get a motion of eviction and she has to be served with it before she has to go.  The law states that if a person has as much as a toothbrush on the property they are legally living at the establishment.
1172337
Give your tenant written notice that the tenancy has ended, ie "You are hereby notified that your lease/tenancy has ended. Please vacate the property."\n\nOffer your tenant the full return of any security deposit or some other amount of money; it will be less than hiring an attorney to evict your tenant. Then, let your tenant know that if he leaves the property without going through an eviction, he will not have an eviction on his credit report. It is much harder for someone to get an apartment if an eviction is reported on their credit, so let your tenant know that.
577813
Wow!\nGood Question. I live in Texas too so I would suggest that you contact your local Justice of the Peace or Constable and ask them. The J.P. issues the eviction notice and the constable enforces it.\n\n\nWhy are you responsible for this person? I would think since your name is on the lease and you moved--that's the end of it. I would wager that the landlord will have to evict the tenant....but that is just a guess. Contact the J.P or Constable for a definitive answer
224234
I study landlord tenant law's each state as it's own law's on eviction's the only state's where tenant's do not have any law's for a tenant is Arkansas and Alabama so what you have to do is call your local court house in the small claim's dept. They will give you the rule's in which your state's law's goes by if you dont follow these state law you will be in volation and could cost you alot of money and give them extended time to stay in your rental home. Good Luck and Good Day.
1100419
Evictions isn't a matter of public record, so it's not going to be stored at the county recorder's office.  Sometimes the local police or sherrif get involved with an eviction, so those kinds of incidents would be in the police files, but I have no idea how you could gather that information easily.  Otherwise, an eviction is just another business deal: a contract was breached and a property owner evicted the renter.\n\nGood luck
1109897
In response to your question about eviction, unfortunately you will have to go the courts and file an eviction proceeding, the person who advised to just type your own eviction notice and give it to your relative is wrong, I am a Law Enforement Officer, and if I were to respond to their house and you produced a typed eviction notice that was not issued from the courts, then I could do nothing at all.  An eviction is a civil matter, and for Law Enforcement to act on an eviction there has to be an order to evict from a Judge, like I said unfortunately there is no other legal method to evict the deadbeat relative.
78011
Landlord/tenant law varies from state to state.  The procedures to evict someone who is not on the lease will depend on how they got occupancy in the first place.  Contrary to what others have posted, not being on the lease doesn't necessarily mean anything.  This type of thing happens all the time.  Roommates move in, they move out, people sublease, etc.\n\nYou won't find the answer you seek here unless a Wisconsin lawyer happens to see your question.  You should  call an eviction lawyer in your state for furher advice.  Your local county bar association might have a lawyer referral service.  Most attorneys will give a free 30-minute consultation on a new case.
172029
I work in Property Management and as such I do deal with evictions from time to time.  A lot of eviction laws vary from state to state but there are a few standards that apply.  You must file the case in court and have them served with an eviction notice.  If the date on the notice passes and they do not move out or pay then you can contact your local balliff and order what's called a WRIT (a document for restitution) which the balliff will place on their door.  It will have a pre-determined amount of time on it and once that time passes you are free to physically evict them with the balliff present.\n\nIn the future I recommend changing your leases to reflect fines for paying rent late.  At my company we charge a late fee of $30 on the 2nd and another one on the 7th.  If it goes to court we also charge them for their legal fees.\n\nIt is also important how your lease and the order of eviction are worded.  You want to have a clause in your lease that states that a partial payment will not stop an eviction and you want the court to put that on the notice as well (as long as that's legal in your state).  As to the noise issues, you need to add a "reasonable enjoyment" clause to your lease which states that people can be evicted if multiple noise complaints and other violations occur.  We take a three strikes and you're out approach to noise.  We make the residents that are complaining put it in writing and then we send a letter to the violator.  If the noise continues we require it in writing again and then we send a much harsher letter and make a phone call.  If we receive a third complaint in writing we file for eviction.  We do allow three days after sending each letter for compliance to allow for postal times.  \n\nIt is important to send all documentation like this through first class mail.  Do not just give it to them.  \n\nI hope all of this helps.  Good luck!\n\nPS - Go to google and put in landlord law your state for more information.\n\nOne more thing - in my state we are required by law to send a seven day notice when we haven't received rent.  The seven day time period must pass before we can take the case to court.  Check your state for the laws regarding Demand for Possessions.