Landlord-Tenant Law
Protecting Property Rights. Protecting People.
At Stilwell Law, we represent both landlords and tenants in housing-related disputes throughout South Dakota. Whether you’re a property owner dealing with a difficult tenant or a tenant facing eviction or harassment, our firm provides experienced, practical legal help to protect your rights and resolve disputes efficiently.
Landlord–tenant law can be complex — and the stakes are high. Evictions, rent disputes, and property issues are all governed by strict South Dakota statutes and court procedures. One mistake in notice, timing, or filing can delay your case or even cause it to be dismissed. That’s why having an experienced attorney matters.
For Landlords: Why You Need an Attorney
Eviction actions (known legally as “unlawful detainer” cases) must follow precise legal steps under South Dakota Codified Laws Chapter 21-16. If you’re not careful, a simple procedural error can cost you valuable time and money.
More importantly, South Dakota law requires that a landlord who owns property through a legal entity — such as an LLC, corporation, or partnership — must be represented by a licensed attorney in eviction proceedings.
That means if your rental property is held in your business’s name, you cannot represent the company yourself in court.
Why landlords hire Stilwell Law:
• To properly prepare and serve eviction notices
• To ensure compliance with all court procedures and deadlines
• To file and argue eviction cases in compliance with SD law
• To handle defenses and counterclaims raised by tenants
• To recover unpaid rent or damages efficiently
• To avoid costly legal mistakes that can derail your case
Eviction law moves quickly — deadlines are tight, and hearings can happen within days. Having a lawyer ensures your case is handled correctly from start to finish.
For Tenants: Know Your Rights
If you’re a tenant facing threats of eviction, harassment, or an unlawful lockout, you have rights — and you shouldn’t face these situations alone.
Under South Dakota law, landlords must follow specific notice requirements before filing for eviction, and cannot change locks, shut off utilities, or remove your belongings without a court order.
At Stilwell Law, we help tenants:
• Understand your rights and obligations under South Dakota law
• Review your lease to determine what’s enforceable
• Respond to eviction notices or court filings
• Negotiate with landlords to resolve disputes without litigation
• Defend against unlawful or retaliatory evictions
Even if you believe your eviction is inevitable, a consultation can help you understand your
options and prepare for what’s next. You may have defenses you don’t realize — or your
landlord may have failed to follow required legal steps.
Why Work with Stilwell Law
Whether you’re a landlord or a tenant, housing disputes are stressful. At Stilwell Law, we focus on clear communication, practical solutions, and strong advocacy in court. We know the South Dakota eviction process inside and out — and we’re committed to protecting your property, your home, and your rights.
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