How to Properly withhold Rent
When New Property Managers Take Over
What happens if my current property manager is replaced?
If a new property manager takes over, you will likely be notified via phone call, mailed letter or email. In that notification, the property manager will discuss expected changes from your previous property manager.
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.
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.
DEPOSITS
How can a tenant prevent deposit hassles?
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.
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.
THE LEASE
What is a written lease?
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.