A Squatter Is Not A Tenant
SDCL § 21-16-1 — entry by force, fraud or stealth, and a court action to recover possession
An action of forcible entry and detainer lies against anyone who enters the prior actual possession of another's property or occupied structure by force, intimidation, fraud or stealth, and keeps it.
The crime as well. Entering or remaining in a building surreptitiously, knowing there is no privilege to, is criminal trespass, a Class 1 misdemeanor.
Someone who once paid rent may be a tenant, whatever they are called. A particular occupant is a question for a licensed South Dakota attorney.
Sources for this section (2)
- SDCL § 21-16-1 — Grounds for maintenance of action
- SDCL § 22-35-5 — Criminal trespass; Violation as misdemeanor
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.