Locked Out By The Landlord
SDCL § 43-32-6 — quiet enjoyment, and a lockout that costs the landlord two months' rent and the deposit
A landlord delivers the premises to the tenant and secures the tenant's quiet enjoyment of them.
Unlawfully removed or kept out. If a landlord of residential property unlawfully removes or excludes the tenant, the tenant may sue for an injunction, recover possession by suit, or end the agreement, and in any case recover two months' rent in damages and the return of any advance rent and deposit.
The court case for possession is forcible entry and detainer, which also lies against anyone who turns out the person in possession by force, threats or menacing conduct.
A particular lockout is a question for a licensed South Dakota attorney.
Sources for this section (2)
- SDCL § 43-32-6 — Obligations of lessor of real property; Tenant's remedies against lessor
- SDCL § 21-16-1 — Grounds for maintenance of action
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.