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Anyone who rents a house, apartment, or mobile home is a tenant. Renting, also called leasing, is an arrangement by which a landlord gives a tenant temporary possession and use of property for rent, and the tenant agrees to pay rent and to return the property to the landlord at a future time. If a person rents a sleeping, motel or hotel room for four (4) weeks in a row or more, you are a “tenant” under law. The information provided here applies to private, as well as public housing (such as Lakota Homes, Section 8, and HUD housing) landlord/tenant relationships.
Anyone who rents a house, apartment, or mobile home is a tenant. Renting, also called leasing, is an arrangement by which a landlord gives a tenant temporary possession and use of property for rent. The tenant also agrees to pay rent and to return the property to the landlord at a future time. If a person rents a sleeping, motel or hotel room for four (4) weeks in a row or more, you are a “tenant” under law. The information provided here applies to private, as well as public housing (such as Lakota Homes, Section 8, and HUD housing) landlord/tenant relationships.
Many tenants do not know their rights when dealing with landlords or housing court action. Many have to proceed without legal representation during eviction proceedings or administrative hearings. ERLS can provide assistance in housing matters whether it’s legal representation or just answering basic questions on housing matters.
How does the law protect tenants who rent space in mobile home parks?
Generally, the law treats tenants who rent lots in a mobile home park the same as tenants of other real property. As such, mobile home park tenants are protected from being unlawfully removed or excluded from the premises. Additionally, the landlord may not willfully interrupt essential services such as water, electricity, and gas.
What is good cause for a landlord to evict a mobile home owner from a park?
A landlord may evict a mobile home owner if:
THE LEASE
What is a written lease?
REPAIRS
A landlord must keep the rental unit in reasonable repair and fit for humans to live in (except for damage caused by the tenant’s fault). This reasonable repair includes keeping all electrical, plumbing, and heating systems in good and safe working order. This duty cannot be ended or changed by the landlord or tenant. However, the landlord and tenant can agree to let the tenant make certain repairs instead of paying some or all of the rent. The tenant should obtain such an agreement in writing.
EVICTIONS
What is an eviction?
An eviction is when your landlord makes you move out of your home, usually by getting an order from a court, but not always.
DEPOSITS
How can a tenant prevent deposit hassles?
SUBLETTING
Subletting is basically the same as a regular lease, with an added step. When subletting takes place; there is a landlord, tenant, and subtenant. The subtenant rents from the tenant, and the tenant rents from the landlord. South Dakota landlord-tenant law currently does not specifically address subletting. If subletting is not prohibited in your existing lease agreement, it is best to ask the landlord for permission before subletting.
Renewing a lease generally means signing to a new lease with terms that are the same as or like your current lease. A lease renewal can sometimes be an extension of the current lease. An example would be a yearly lease turning into a month-to-month lease after the year ends.
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