Summary
In South Dakota, even without a formal agreement, long-term occupants may be considered month-to-month tenants, requiring a 30-day notice for eviction. Its advisable to negotiate with your friend for more time or seek mediation services. Mediation involves a neutral third-party facilitating a resolution. If needed, legal advice can be sought. Mediation services in South Dakota include Lutheran Social Services, South Dakota Mediation Center, and Center for Conflict Resolution.Full Conversation
Friend owns a house in South Dakota, they have let me live in one of their rooms for the past 3 years. They told me recently I have to be out but the end of the month which is only *.* weeks away. What legal protections do I have?
Hi ****! Based on your situation:
- In South Dakota, if you’ve lived in a place for over a year, you are generally considered a month-to-month tenant.
- Landlords must give a minimum of 30 days’ notice to terminate a month-to-month tenancy.
Do you have a written or verbal agreement with your friend?
Neither, they were just helping me out
Given that there is no formal agreement, your situation might be seen differently. However, you could still be considered a tenant under South Dakota law due to your long-term occupancy.
Have you discussed the possibility of an extended move-out period with your friend?
I am not sure they would be ok with that. That is why I am seeking legal help at least until I can find a place.
****, since you have been living there for three years, you might still have some tenant rights, even without a formal agreement. In South Dakota, typically, a *-day notice is required for month-to-month tenancies. Here are your options:
- Negotiate: Try to discuss your situation with your friend. They might allow you more time once they understand your predicament.
- Seek Mediation: If discussions fail, consider mediation services to reach a mutual agreement.
Are you open to mediation, or would you prefer seeking legal advice directly from a lawyer?
What would mediation involve?
Case Rating: *
Mediation is a process where a neutral third-party helps disputing parties reach a mutually agreeable solution. Here’s what it generally involves:
- Introduction: Mediator explains the process and sets ground rules.
- Statement of Issues: Each party shares their perspective without interruption.
- Discussion: Open dialogue facilitated by the mediator.
- Negotiation: Parties work towards a solution.
- Agreement: If successful, a written agreement is drafted.
Would you like to know how to find mediation services in your area?
Yes
In your situation, mediation could be a helpful step. Here are some mediation services in South Dakota:
Lutheran Social Services of South Dakota
Phone: (*) *-*
Website: www.lsssd.org
Would you like more information on mediation or prefer to explore legal advice from a lawyer? Are there other mediation services in south dakota
Sure, ****. Here are some additional mediation services in South Dakota:
South Dakota Mediation Center
Phone: (*) *-*
Website: www.sdmediator.org Center for Conflict Resolution
Phone: (*) *-*
Website: www.centerforconflictresolution.orgWould you like more details on these services or prefer to explore legal advice from a lawyer?
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