21.100.13 96th Legislative Session 928

2021 South Dakota Legislature

House Bill 1045

Introduced by: Representative Mulally

An Act to revise certain tenant and landlord rights.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 21-16-1 be AMENDED:

21-16-1. Grounds for action.

An action of forcible entry and detainer, or of detainer only, is maintainable:

(1) If a party has by force, intimidation, fraud, or stealth, entered upon the prior actual possession of real property or the occupied structure of another, and detains the same;

(2) If a party, after entering peaceably upon real property or an occupied structure, turns out by force, threats, or menacing conduct, the party in possession;

(3) If a party by force or by menaces and threats of violence unlawfully holds and keeps the possession of any real property, or occupied structure, whether the same was acquired peaceably or otherwise;

(4) If a lessee in person or by subtenants holds over after the termination of his lease or expiration of his term, or fails to pay his rent for three days after the same shall be due;

(5) If a party continues in possession after a sale of the real property or occupied structure under mortgage, execution, order, or any judicial process, after the expiration of the time fixed by law for redemption, and after the execution and delivery of a deed or instrument of ownership;

(6) If a party continues in possession after a judgment in partition, or after a sale under an order or decree of a circuit court;

(7) If a lessee commits waste upon the leased premises, or does or fails to perform any act which, under the terms of the lease operates to terminate the same; or

(8) The lessee violates a material term of the written lease agreement between the lessor and lessee.

The term, occupied structure, used in this chapter is defined in subdivision 22-1-2(28).

Section 2. That § 43-32-25 be AMENDED.

43-32-25. Tenant's property--Small amount left presumed abandoned--Disposal by lessor.

The A small amount of property of a lessee, the total reasonable value of which does not exceed five hundred dollars, left on a leased residential premises by after the lessee for ten days after the lessee has quit the premises, or been served with an execution of possession under chapter 21-16, is presumed to have been abandoned by the tenant and the lessor of the residential premises may dispose of the abandoned property.

Section 3. That § 43-32-26 be AMENDED.

43-32-26. Tenant's property--Valuable property stored--Lien--Disposal by lessor after period.

The property of a lessee, of a total reasonable value exceeding five hundred dollars, left on leased residential premises by the lessee after the lessee has either quit the premises, shall be stored by the lessor or been served with an execution for possession under chapter 21-16, may be immediately removed and stored by the lessor. The lessor shall have has a lien on the property to the extent of the costs of moving, handling, and storing the property. After storing the property for thirty The lien does not have priority over a prior perfected security interest in the property.

If the lessee does not recover the property within twenty-eight days after quitting the premises or more the lessor may treat the property as abandoned and being served with the execution of possession, the landlord may retain and dispose of it the property without legal process. The lessor is entitled to the proceeds from the sale of the property.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.