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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 19307
Experience:  B.A.; M.B.A.; J.D.
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Just received a 3 day eviction notice in the city of Sioux

Customer Question

Just received a 3 day eviction notice in the city of Sioux Falls SD for being in violation of 2 tenets of the lease agreement. I got turned in by a gentleman who is also in violation of one of the same tenets and have seen no proof or had any previous communication from management about the second...just curious if i have any legal recourse?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Even had a conversation this afternoon with a representative of the property management who said and I quote "If the behavior ceases immediately then you will be fine." Arrived home 9 hours later after work to find the notice under my door.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: None that I have been previously informed of.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of.
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 9 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 9 months ago.

I am sorry to read about your difficulties.

Could you explain a little more?

Did the notice give you an option to cure? That is, notice to do something or quit if you cannot do something--if you cannot be in compliance?

What is your specific question?

Thank you for your cooperation,

Customer: replied 9 months ago.
Apparent I was engaging in some behavior that has only recently been reported to management that a particular tenant found offensive.I was approached by the Sioux Falls Police Department about this incident this morning without having had any communication from property management.I then followed up with management and was told that if the behavior ceased immediately there would be no problems.Received an eviction notice 8 hours later.
Customer: replied 9 months ago.
It was an immediate three day eviction notice for being in
Violation of terms of the lease agreement.
Customer: replied 9 months ago.
I guess my question is this...can I really be in evictsble violation of a lease agreement without any prior communication from the landlord or even any physical evidence of my transgressions?Considering that the gentleman who turned me in is technically also in violation of the same lease?
Expert:  Phillips Esq. replied 9 months ago.

Thank you for the information. Kindly give me a few minutes to review the information that you have provided and prepare my response. Please refrain from posting additional information.

Thank you for your patience.

Expert:  Phillips Esq. replied 9 months ago.

Yes, you can be evicted. However, the Landlord/property management must use the Court system to remove you from the premises if you refuse to vacate after the expiration date on the notice. There is no self-remedy to eviction actions in South Dakota. This means that the property management/Landlord cannot change the locks, shut off your utilities in order to remove you from the premises. The property management must file eviction action in Court and serve you with the Summons and a copy of the Complaint so that you can respond and tell the Court why you must not be evicted, just like you did in your post here: no prior notice; no notice to cure violation; other Tenant doing the same thing and has not been evicted; etc. See South Dakota Codified Laws Chapter 21-16.

Goodluck with your case,

Customer: replied 9 months ago.
Thank you!
Expert:  Phillips Esq. replied 9 months ago.

You are quite Welcome!

Kindly take a minute and use the popup screen to give a 5-star rating to my response so that I can receive proper credit for addressing your concerns. There is no additional cost to you for giving a 5-star rating.

Thank you for your cooperation.