Q: Wrongful eviction and locked out by landlord in SD
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 it and telling me to sue him. The landlord ignores the deputy’s instructions and continues locking me out. What are my legal options to address this situation and retrieve my belongings?
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A:
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 following proper legal procedures. Since the deputy has advised your landlord against locking you out, it is crucial to document all instances of being locked out, including any communication or instructions from the deputy.
Your next step should be to contact the local authorities or a legal aid organization to help you address the wrongful eviction. The deputy's advice might be used to strengthen your case, and they may be able to intervene again if your landlord continues these actions. If you cannot retrieve your belongings, you might need to file a claim to regain access or seek compensation for the items being withheld.
In the meantime, try to avoid confrontation with your landlord. If you are unable to resolve the issue quickly, consulting an attorney can help you understand your rights in a more detailed way and guide you on the best legal steps to take, such as filing for an unlawful eviction or suing for damages. Be sure to keep a record of all interactions, including attempts to retrieve your belongings and any other actions taken by your landlord.
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