Q: How can I legally evict a squatter from my property in South Dakota?
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 my personal property?
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A:
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 first step is to provide her with a written notice to vacate. The notice must give her a reasonable time to leave, usually 3-5 days, depending on the circumstances.
If she refuses to leave after receiving the notice, you will need to file for eviction through the court system. You will need to file a "Summons and Complaint" for eviction in the county where your property is located. The court will schedule a hearing, and if the judge agrees with your case, they will issue an order to remove her from the property.
Make sure to follow all legal steps carefully to avoid complications. If you need assistance with the process, it can be helpful to consult with a local attorney who can guide you through the eviction process and ensure you are complying with all relevant laws.
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