Verified Complaint for Forcible Entry and Detainer (Eviction) — South Dakota

VERIFIED COMPLAINT FOR FORCIBLE ENTRY AND DETAINER (EVICTION) — SOUTH DAKOTA

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Premises and Lease
5. Grounds for Forcible Entry and Detainer
6. Pre-Suit Notice (If Any)
7. Damages and Accounting
8. SCRA / Servicemember Compliance
9. Federal Subsidy Compliance (If Applicable)
10. Prayer for Relief
11. Verification
12. Attorney / Pro Se Signature Block
13. Exhibits
14. Certificate of Service / Proof of Service Note
15. South Dakota Practice Notes
16. Sources and References

1. CAPTION

STATE OF SOUTH DAKOTA

COUNTY OF [____________________]

IN THE [☐ MAGISTRATE COURT ☐ CIRCUIT COURT]

[__]TH JUDICIAL CIRCUIT

Civil File No.: [________________________________]

VERIFIED COMPLAINT FOR FORCIBLE ENTRY AND DETAINER

(SDCL Chapter 21-16)

Plaintiff, by and through undersigned counsel [OR pro se], complaining of Defendants, alleges and avers as follows:

2. PARTIES

2.1. Plaintiff, [LANDLORD] ("Landlord"), is [a natural person residing in / a [STATE] limited liability company / corporation registered to do business in South Dakota with principal office at] [ADDRESS], and is the [owner / property manager / authorized agent of the owner] of the residential rental premises that are the subject of this action.

2.2. Defendant [TENANT 1] ("Tenant 1") is, on information and belief, an adult residing at the Premises (defined below) located in [COUNTY] County, South Dakota.

2.3. Defendant [TENANT 2] ("Tenant 2") is, on information and belief, an adult residing at the Premises located in [COUNTY] County, South Dakota.

2.4. Defendants "All Other Occupants" are persons whose names are unknown to Plaintiff at this time who reside at the Premises and who claim some right of possession derivative of, or independent from, Tenants 1 and 2.

3. JURISDICTION AND VENUE

3.1. This Court has jurisdiction over this action for forcible entry and detainer pursuant to SDCL § 16-12A et seq. (magistrate court) [OR SDCL § 16-6 (circuit court)] and SDCL Chapter 21-16.

3.2. Venue is proper in [COUNTY] County pursuant to SDCL § 21-16-3 because the Premises are located in this county.

3.3. The amount in controversy, exclusive of restitution of possession, is $[________], which is [within / without] the jurisdictional limit of magistrate court (currently $12,000 under SDCL § 16-12A-27).

4. PREMISES AND LEASE

4.1. The premises that are the subject of this action (the "Premises") are located at:

[FULL STREET ADDRESS, UNIT NUMBER, CITY, COUNTY, SOUTH DAKOTA, ZIP]

4.2. On or about [__/__/____], Plaintiff and Tenant 1 [and Tenant 2] entered into a [written / oral] lease of the Premises (the "Lease"). A true and correct copy of the written Lease is attached as Exhibit A [OR for an oral lease: The terms of the oral lease are: monthly rent of $[___], payable in advance on the [__] day of each month, beginning [DATE]].

4.3. The Lease is [a fixed-term lease ending [DATE] / a month-to-month tenancy at will].

4.4. The agreed monthly rent is $[________], payable in advance on the [__] day of each month.

4.5. Tenants took possession of the Premises on or about [__/__/____] and remain in possession as of the date of this Complaint.

4.6. Plaintiff has performed all conditions precedent on Plaintiff's part required to be performed under the Lease and applicable law.

5. GROUNDS FOR FORCIBLE ENTRY AND DETAINER

Plaintiff brings this action upon the following ground(s) under SDCL § 21-16-1 (check all that apply):

☐ 5.A — NONPAYMENT OF RENT (SDCL § 21-16-1(4)). Tenants have failed to pay rent that has been due for more than three (3) days. Specifically:

Total rent in default: $[________]. Late fees and other charges: $[________]. TOTAL: $[________].

☐ 5.B — HOLDOVER AFTER TERMINATION (SDCL § 21-16-1(4)). The Lease term expired or was terminated on [__/__/____] by [expiration / Plaintiff's 15-day no-cause notice under SDCL § 43-32-13 / Plaintiff's notice for cause], and Tenants have continued in possession unlawfully thereafter.

☐ 5.C — MATERIAL BREACH OF LEASE (SDCL § 21-16-1(4) — holdover after termination by breach). Tenants have materially breached Lease Sections [____] by [CONCISE DESCRIPTION OF BREACH], and the Lease was terminated upon non-cure following written notice dated [__/__/____] (Exhibit B).

☐ 5.D — UNLAWFUL DETAINER BY FORCE OR THREATS (SDCL § 21-16-1(2)–(3)). Defendants are unlawfully holding the Premises by force or threats of violence, as follows: [FACTS].

☐ 5.E — POST-FORECLOSURE / JUDICIAL SALE HOLDOVER (SDCL § 21-16-1(5)). Plaintiff acquired title at a judicial sale on [__/__/____], the redemption period has expired, and Defendants continue in possession without right.

☐ 5.F — OTHER (specify): [________________________________].

5.G. The factual basis for each ground checked above is set forth above and supported by the attached Exhibits.

6. PRE-SUIT NOTICE (IF ANY)

6.1. Statutory Notice. Effective July 1, 2024, SDCL § 21-16-2 was repealed by 2024 SB 90, and statutory pre-suit notice is no longer required as a condition of this FED action.

6.2. Contractual Notice. [CHOOSE ONE]:

(a) The Lease at Section [____] required pre-termination notice of [__] days. Plaintiff served such notice on [__/__/____] by [METHOD]. A true and correct copy of the notice and proof of service is attached as Exhibit B. Tenants have failed to cure or vacate within the required period.

(b) The Lease did not require pre-termination notice for the ground asserted herein.

6.3. Federal Subsidy Notice. [CHOOSE ONE]:

(a) Not applicable — the tenancy is not federally subsidized.

(b) The tenancy is subsidized under [PROGRAM], and Plaintiff served the regulatory notice required by [24 C.F.R. § ____] on [__/__/____] (Exhibit C). The notice complies with federal good-cause requirements.

7. DAMAGES AND ACCOUNTING

7.1. As a direct and proximate result of Defendants' breach and unlawful detention of the Premises, Plaintiff has been damaged as follows:

7.2. Damages continue to accrue at the daily rental rate of $[___] per day from the date of filing until restitution of possession is obtained and the Premises are actually vacated.

7.3. Plaintiff will handle Tenants' security deposit of $[___] under SDCL §§ 43-32-6.1 and 43-32-24. Within twenty-one (21) days after termination of the tenancy and receipt of Tenants' mailing address or delivery instructions, Plaintiff will return the deposit or give a written statement of the specific reason for withholding; upon request, Plaintiff will provide an itemized accounting within forty-five (45) days after termination.

8. SCRA / SERVICEMEMBER COMPLIANCE

8.1. Plaintiff has conducted a search of the Department of Defense Manpower Data Center (DMDC) SCRA database. Based on Plaintiff's good-faith inquiry, none of the named Defendants is, on information and belief, a member of the United States military on active duty within the meaning of the Servicemembers Civil Relief Act (50 U.S.C. § 3911 et seq.).

8.2. The DMDC SCRA report dated [__/__/____] is attached as Exhibit E.

9. FEDERAL SUBSIDY COMPLIANCE (IF APPLICABLE)

9.1. [CHOOSE ONE]:

(a) Not Applicable. The tenancy is not federally assisted.

(b) Applicable. The tenancy is assisted under [Section 8 HCV / project-based Section 8 / public housing / USDA Rural Development / LIHTC / HOME / OTHER]. Plaintiff has complied with all applicable federal requirements, including:

• Termination for "good cause" within the meaning of the program;
• Required regulatory notice (cite: [24 C.F.R. § ____]); and
• Coordination with the local public housing authority ([PHA NAME]), as required.

A copy of the regulatory notice is attached as Exhibit C.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays this Court enter judgment against Defendants and in favor of Plaintiff as follows:

A. Restitution of Possession of the Premises to Plaintiff, and issuance of a Writ of Execution for Possession to be served by the [NAME] County Sheriff in accordance with SDCL § 21-16-12 (daytime service);

B. Money Judgment for unpaid rent, late fees, and other charges in the amount of $[________], plus continuing per diem damages at $[___] per day until possession is restored and the Premises are actually vacated;

C. Property Damage in the amount of $[________] (itemized in Exhibit D);

D. Court Costs including the filing fee and sheriff's service fees;

E. Attorney's Fees as authorized by Lease Section [___] and applicable law;

F. Prejudgment Interest under SDCL § 54-3-16 from the date each amount became due;

G. Post-Judgment Interest under SDCL § 54-3-5.1; and

H. Such Other Relief as the Court deems just and equitable.

11. VERIFICATION

State of South Dakota )
) ss.
County of [________] )

I, [VERIFYING PARTY NAME], being first duly sworn upon oath, state that I am the [Plaintiff / authorized agent of Plaintiff / property manager for Plaintiff]; that I have read the foregoing Verified Complaint for Forcible Entry and Detainer; that I know the contents thereof; and that the matters and things stated therein are true to the best of my knowledge, information, and belief, except as to those matters stated upon information and belief, and as to those matters, I believe them to be true.

____________________________________
[VERIFYING PARTY NAME]
[Title]

Subscribed and sworn to before me this [__] day of [MONTH], [YEAR].

____________________________________
Notary Public — South Dakota
My commission expires: [__/__/____]

(SEAL)

12. ATTORNEY / PRO SE SIGNATURE BLOCK

Dated: [__/__/____]

____________________________________
[ATTORNEY NAME]
SD Bar No.: [________]
[FIRM NAME]
[STREET ADDRESS]
[CITY, SD, ZIP]
Telephone: [(___) ___-____]
Email: [EMAIL]
Attorney for Plaintiff

[OR FOR PRO SE FILER]:

____________________________________
[PLAINTIFF NAME], Pro Se
[ADDRESS, TELEPHONE, EMAIL]

13. EXHIBITS

14. CERTIFICATE OF SERVICE / PROOF OF SERVICE NOTE

The Summons (UJS-111) and this Verified Complaint (UJS-112) are to be served upon Defendants by the [NAME] County Sheriff or licensed process server in accordance with SDCL Chapter 21-16 and SDCL Chapter 15-6. At least two attempts at personal service shall be made within thirty (30) days, with attempts at least one week apart, before alternative service (publication) may be requested. The tenant shall have FIVE (5) days from service of the Summons to file a written Answer (UJS-119) under amended SDCL § 21-16-7.

15. SOUTH DAKOTA PRACTICE NOTES

15.1 Forum and Forms. South Dakota residential FED actions are typically filed in magistrate court using UJS-111 (Summons), UJS-112 (Verified Complaint), and UJS-232 (Case Filing Statement). All forms must be printed single-sided in black ink. Filing fee approximately $70 (verify current fee).

15.2 Five-Day Answer Period. Effective July 1, 2024 (2024 SB 90), SDCL § 21-16-7 was amended to give tenants five (5) days to answer (up from four). Default judgment is available if no answer is filed.

15.3 Hearing Speed. Hearings may be held as soon as two days after the answer is filed. Bring all evidence and witnesses to the first appearance.

15.4 Continuance and Bond (SDCL § 21-16-8). A defendant seeking a continuance may be required to post bond covering rent and damages during the continuance.

15.5 Title or Boundary Disputes (SDCL § 21-16-9). If genuine title or boundary issues are raised in magistrate court, the action must be certified to circuit court.

15.6 Self-Help Barred. The landlord may NOT change locks, remove belongings, or terminate utilities. All evictions must proceed through the FED action and be enforced by the sheriff (SDCL § 21-16-12 requires daytime execution).

15.7 Anti-Retaliation (SDCL §§ 43-32-27 to 43-32-28). The statute creates a narrow cause of action, not a general 180-day presumption. For the notice-to-vacate prong, confirm and plead the lease breach supporting the notice. Also screen the listed special events, the defense for notice given more than 180 days later, and the exclusion for nonrenewal of a written lease at expiration.

15.8 Limited Habitability Defense. SDCL § 43-32-8 imposes a duty to deliver and maintain the premises in repair, but South Dakota courts have read the implied warranty narrowly. Be prepared to rebut habitability claims with maintenance logs and photographs.

15.9 Mobile-Home Parks. Lot-only mobile-home tenancies follow SDCL § 43-32-29 et seq. Use the mobile-home-park-specific complaint form.

15.10 Appeals. A judgment of possession may be appealed to the South Dakota Supreme Court under SDCL Chapter 15-26A. Appeal is on the record (no de novo); a supersedeas/stay bond is typically required to maintain possession during appeal. Notice of appeal must be filed within thirty (30) days of judgment (SDCL § 15-26A-6).

16. SOURCES AND REFERENCES

• South Dakota Codified Laws, Chapter 21-16 (Forcible Entry and Detainer): https://sdlegislature.gov/Statutes/21-16
• South Dakota Codified Laws, Chapter 43-32 (Lease of Real Property): https://sdlegislature.gov/Statutes/43-32
• South Dakota Codified Laws, Chapter 20-13 (Human Rights — § 20-13-20): https://sdlegislature.gov/Statutes/20-13
• South Dakota Codified Laws, Chapter 15-26A (Appeals to Supreme Court): https://sdlegislature.gov/Statutes/15-26A
• 2024 SB 89 / SB 90: https://sdlegislature.gov
• South Dakota Unified Judicial System — Eviction Self-Help (forms UJS-111, UJS-112, UJS-119, UJS-232): https://ujs.sd.gov/self-help/civil-law-help/evictions/
• South Dakota Multi-Housing Association — New Eviction Laws: https://www.sdmha.com/news/new-eviction-laws
• South Dakota Department of Labor & Regulation, Division of Human Rights: https://dlr.sd.gov/human_rights/
• South Dakota Consumer Protection — Landlord/Tenant Fast Facts: https://consumer.sd.gov/fastfacts/landlordtenant.aspx
• "Strengthening South Dakota's Landlord-Tenant Law," USD Law Review: https://red.library.usd.edu/sdlrev/
• Federal Fair Housing Act, 42 U.S.C. §§ 3601–3619
• Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043
• HUD multifamily termination regulations (24 C.F.R. Parts 5, 247, 966, 982)

END OF VERIFIED COMPLAINT