Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
Wondering what steps we can take to get our $1000 deposit back. We have given them 3 weeks to return it or to give us reason they would need to keep it. We have received none of that. Is small claims the next step to take? Or are there other options or additional legal recourse we can take.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2023
In South Dakota, if it has been three weeks since the end of your lease and your $1000 deposit has not been returned, you may consider pursuing legal recourse. First, document all communication regarding the deposit return, including any requests and the landlord's responses. If you have... View More 
I have lived with my roommate in South Dakota since October 2024 under a verbal agreement to pay $375 a month, and I receive mail at this address. Despite working and contributing financially whenever possible, including helping around the house and caring for her dogs, I have faced ongoing verbal... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025
Since your roommate changed the lock without giving you an eviction notice, you are likely a tenant under South Dakota law and have rights to regain access to your belongings. Start by sending a written demand—via certified mail if possible—requesting immediate access to your personal property... View More
I live in Deadwood, South Dakota, and have rented a single room under an oral agreement for four years. Recently, a new owner and property manager issued a lease agreement for the building, affecting approximately 20 units. I'm concerned about two clauses in this new lease:
1. The lease... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
The terms in your new lease could potentially violate tenant rights, especially regarding the police call clause. In South Dakota, as in many other states, tenants are generally protected from eviction for calling law enforcement in situations of personal safety, even if those calls are unrelated... View More
I've allowed a person to stay on my property verbally, but there is no formal written agreement. She has previously paid some money but cannot pay now and doesn't work. The situation has become unsafe as she is a hoarder and sleeps in a van on my property. How can I legally evict her from... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
To legally evict the person from your property in South Dakota, you'll need to follow the state's laws on eviction, even if there is no formal written agreement. Since you verbally allowed her to stay, she may be considered a tenant under what’s called a "verbal lease." The... View More
I have been living at a property under a verbal agreement for over five years, where I provided work in lieu of paying rent as I am attempting to secure disability. My landlord is now wrongfully evicting me and has repeatedly locked me out from my belongings, despite a deputy advising him against... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
Your landlord's actions may constitute wrongful eviction, especially if you have a verbal agreement and have been living there for five years. In South Dakota, even without a written lease, tenants have rights, and the landlord cannot legally lock you out or withhold your belongings without... View More
I came home one night from work to find my front door wide open. I checked and nothing was missing but I was still upset. Maintenance had called the day before saying they were going to come take a look at the AC unit as we recently had a bat crawl inside our apartment from the AC unit. I informed... View More
answered on Feb 10, 2023
I would report it and move on.
You suffered no damages, so what would you be suing for?
This is one of the many reasons I always recommend tenants be present when maintenance workers are inside rented premises. As inconvenient as it may be to miss work, it prevents many potential... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
