Eviction Protections for Mobile Home Owners in South Dakota

Facing possible eviction from a mobile home park in South Dakota can feel overwhelming. Understanding your rights and the correct legal process can help you stay protected. This guide covers the key eviction protections for mobile home owners renting a lot in South Dakota, including notice periods, forms, state agencies, and steps you can take.

Key Eviction Protections for Mobile Home Owners in South Dakota

The law in South Dakota provides important procedures and safeguards for mobile home owners renting a lot in a mobile home park. If your landlord or park owner seeks to remove you or your mobile home, they must follow specific notice requirements and give you a fair chance to respond.

South Dakota Notice Requirements for Eviction

Under South Dakota law, a landlord must give written notice before beginning eviction proceedings against a mobile home owner. The notice period depends on the reason for the eviction:

• Nonpayment of Rent: 3-day written notice to pay or leave the premises.
• Violation of Park Rules or Lease: 30-day written notice specifying the rule or lease section violated.
• Other Reasons (e.g., park closure): 90-day written notice to vacate for park redevelopment, closure, or change of land use.

These protections are established under the South Dakota Codified Laws, Chapter 43-32: Landlord and Tenant Law.^[1]

Official Forms and How to Use Them

• MOBILE HOME EVICTION SUMMONS & COMPLAINT (UJS-301):
  • When Used: After proper written notice is served and if the situation is not resolved, a landlord may file a "Forcible Entry and Detainer" action in court using this official summons and complaint form.
  • Renter Example: If you receive this form, it means your landlord is formally asking the court to start an eviction case. You will receive a copy, and you are required to respond in court.
  • Download the UJS-301 Forcible Entry and Detainer Form

Tip: Always keep copies of all notices and court papers. Respond to court paperwork by the date stated to avoid losing your case by default.

Where Are Mobile Home Eviction Cases Handled?

In South Dakota, mobile home eviction cases are handled by the Unified Judicial System of South Dakota. Typically, your case will be in the circuit court or magistrate court in the county where the mobile home is located. The court will schedule a hearing, and you have the right to present your side and any evidence.

Protections for Retaliation and Required Procedure

State law prohibits a park owner from retaliating against you (such as starting eviction) simply for complaining to authorities or joining a tenants' association.^[1] In addition, park owners must follow the written notice and court process before removing a mobile home from the park.

Your Action Steps if You Receive an Eviction Notice

• Read the notice carefully. Check the reason listed and the deadline.
• Save all paperwork, including notices and your lease agreement.
• If you believe the notice is mistaken or unlawful, consider contacting South Dakota Legal Services or another advocacy group before the deadline.
• If you are served court papers (Summons and Complaint), you must file a written response with the court before your hearing date.

FAQ: Mobile Home Eviction Rights in South Dakota

1. How much notice am I entitled to before eviction from a mobile home park?
   It depends on the reason: 3 days for nonpayment of rent, 30 days for park rules or lease violations, and 90 days for park closure or redevelopment.
2. Can my mobile home park owner evict me without going to court?
   No. Landlords must give proper written notice and then file an eviction action in court. They cannot force you to leave or remove your mobile home without a court order.
3. What should I do if I receive a court summons for eviction?
   Respond by the date on the summons, attend your court hearing, and bring any documents or evidence you have. You can seek free legal advice from state legal aid services.
4. Can I be evicted for complaining about unsafe park conditions?
   No, the law protects tenants from retaliation just for making lawful complaints about the park or landlord.

Conclusion: Key Takeaways for Mobile Home Owners

• Your landlord must give you proper written notice before starting any eviction.
• You have the right to a court hearing and to defend your case.
• Always respond quickly to court documents and seek legal help if needed.

Understanding these protections helps ensure fair treatment and can offer peace of mind if you face an eviction situation in a South Dakota mobile home park.

Need Help? Resources for Renters

• Unified Judicial System of South Dakota – Find your local court
• South Dakota Legal Services – Free legal help for low-income renters
• South Dakota Department of Labor & Regulation
• Read South Dakota's Landlord and Tenant Law

---

1. South Dakota Codified Laws Chapter 43-32 – Landlord and Tenant
2. Unified Judicial System of South Dakota

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations