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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 114818
Experience:  Attorney with over 24 years experience.
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In Minnehaha Co., SD can a low-income manager evict a pregnant

Customer Question

In Minnehaha Co., SD can a low-income manager evict a pregnant woman with an infant and sometimes has her 13 yr. old daughter?
The woman is separated from husband for a yr now.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of the situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. Why would the landlord want to evict? Failure to pay rent? A violation of rules?
Doug
Customer: replied 1 year ago.
The Humboldt SD -United States Dept of Agriculture Rural Development Apartments came under new "Management" last summer, by an outfit out of Madison called "Professional Management" Charity Stephenson ( convicted lawbreaker) & her Mob ( father of her 3 kids-Jesse Ahlquist, juvenile lawbreaker Courtney Ahlquist, Ryan Webber who has a 4 yr old being babysat by Courtney Ahlquist and she lives with him and sleeps with him from about the age of 16 for her, frequently gives her beer and other drugs.. A few other weed smokers and beer lovers had made the statement in a certain circle of people that whomever moves into Apartment #1 would be terrorized ( no matter who it was). 2014 June my "daughter" by my choice and hers moved into the apartment, she was also convicted of some meth related charges and served time in Pierre ( before I met her in 2011) Her husband was in prison for sex offender ( impregnated a step sister who looked over 21 ans said she was over 18) their daughter was given up for adoption. Jennifer moved to the Humboldt Apartments to get away from Sheldon, her husband. He even helped her move in and was good about it until it was made clear to him that sex offender's were not allowed, since then he has been a dead beat who thinks the world owes him a living, anyway Jennifer didn't know she had gotten pregnant until the middle of June, Hailey Rose was born 12-25-2014 with just about every health issues and allergies that her mom and older sis by different dad ( Asia ***** *****) has. Charity and mob are really rotten, they take her clothes out of the washer while just barely started and are found in the dumpster outside, sometimes all cut up. Hot water heater to her apartment shut off, Apt. broken into and vandalized at their will......ECT Every time Jennifer calls the police ( Minnehaha County deputies) the deputies yell at Jennifer that she is doing it to herself and have decided that evan if an elderly lady that lives in the building puts up cameras to catch the mob in the act of say...taking off Jennifer's tires off her car and put them on Courtney's or use a tube to get gas out of her car, steal her car and hit a deer with it and throw away the keys into the McDonald's dumpster...late in Jennifer's apt they pushed her down the steps claiming that she wasn't even pregnant...Then since Hailey was born they claim she is stolen....( really stupid stuff ) lately I have been putting gas into her car cause she has no income and hubby doesn't think he needs to work...the other morning Jen and I were at the only gas station in town and Sheldon was actually baby sitting, he stepped in to take a shower after locking the deadbolt door, he heard a noise and came out into the living room and thought he saw Jen going out the door due to the fact Courtney's hair is almost the color of Jennifer's. It was Courtney, she had gone into the 2nd bedroom and taken used cat-litter and poured it all over Hailey in her crib. The Madison manager "Professional Management" do not come to Humboldt very often, she does not do anything but make us fill out tons of forms and has been taking Chariyty's side in the whole issue, they do not show Jennifer where they are coming up with an income for her, they refuse to believe any other tenant would steal electricity to their apartment steal Jen's mail break into the hall closets of every apartment.., now they are going to evict her with less than a 30 day notice, Jen has tried to find a place but nobody will take her, especially with the managers putting their sland on things claiming that she is doing drugs and selling drugs , ( not true at all) everything they say about her is really about them. She is fighting her evil family to get 13 yr. old Asia back, that half*sister if abusing her and allowing her boyfriends to rape and abuse Asia. DSS child protection said if she went to a motel to live she would love rights to her kids forever, they are dragging their feet on everything to due with her oldest daughter, they appear to be believing that everything her half sister says to be true.. . Jennifer really did learn her lesson on drugs!! all she wants is to raise her daughters in peace and quiet , along with another baby she is carrying, Sheldon got her awake by the time her was impregnating her..... Sure hope this kid is normal.....no agency will help her cause of both her record and her deadbeat husbands, I wonder if it is discrimination against both girls who were born here in Minnehaha Co., SD ? By midnight of 13 th of June they will be sleeping in their car.
Expert:  LawTalk replied 1 year ago.
I afraid that I am unable to assist you in this matter, and I am going to opt out of your question and open this up for other professionals.
Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.
There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.
I apologize for any inconvenience and wish you well in your future.
Doug
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Such harassing conduct by management can be considered an "unlawful eviction" and would be the basis for a civil suit against the landlord for breach of the lease and unlawful eviction, since this conduct interferes with the peaceable use of the premises and they took affirmative actions to make it so she could no longer live in the premises. It really does not matter if she was disabled, pregnant or anything else, the conduct you describe that would be deemed shocking to the conscience of a reasonable person would he harassment and forcing a reasonable person to move out, which would be a unlawful eviction.
She could seek to sue them for intentional infliction of emotional distress together with the unlawful constructive eviction and seek to recover all damages she incurred as a result of the conduct of the management employees.
I would strongly suggest you get her a local attorney as soon as possible (or go to legal aid or call the state bar for the pro bono attorneys in the area if you cannot find her one that will take the case) and get a suit filed to recover her damages.

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