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Old 03-25-2015, 03:51 PM
 
2 posts, read 1,264 times
Reputation: 10

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Hey All.

I have a strange issue here, which hopefully you can help with.

I currently rent an apartment in South Dakota with two roommates. Those two roommates are leaving at the end of this academic year.

It was a Sunday when I received a message from my landlord, giving me until friday to find new roommates. I told her, that I would find it very hard to find roommates by then. I am a student athlete, so informed her that I couldn't pickup new roommates until I knew exactly who was still going to be on the team. I told her that it was fine to show the apartment to perspective tenants, under the assumption I had until friday to find replacements. On the wednesday of that week, I texted my landlord with two names that would sign right away. I was then ignored until after she had shown the apartment to another group, she got the papers signed, I believe, after that Friday. I tried to get ahold of her to resign the papers, but she continually ignored me until I addressed the fact that her Read Receipts were on.

I have been trying to get this situation fixed, as it is a huge problem moving out of this apartment, as I don't I've close to my university and had planned to go home, buying plane tickets back to Australia where my family currently is ( I won't be in the country when I need to move my stuff to a potentially new apartment across town).

A couple of questions.
1. In SD Law, an oral agreement is law binding, [url]http://atg.sd.gov/LinkClick.aspx?fileticket=m2K4P4Tak68%3D&tabid=525[/url] do I have a case here?
2. Does she have the right to impose that kind of time limit for rental renewal (this issue happened in early February).
3. Any suggestions to help me here?

Thank you guys.
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Old 03-25-2015, 04:10 PM
 
2,600 posts, read 8,728,070 times
Reputation: 2483
I assume that this message that you received was in a test ???

If so then that would be considered oral !!!

Notice to Landlord:
Leases can vary as to the time required to terminate the lease agreement. Most leases that specify a
definite term of tenancy (such as a 6 month or 1 year lease) state the amount of time required for notice
to terminate or renew the lease or they expire upon the termination of the expired time. If you have a
lease read it carefully for notice requirements. If a written lease does not give a specific time period for
renewal or expiration of the lease, then advance notice must be given at least one full rental period
before the tenancy’s last day.

Notice from the Landlord:
Unless a tenant is being evicted the landlord must give the same notice requirements as the tenant is
required to give.

http://atg.sd.gov/LinkClick.aspx?fil...8%3D&tabid=525
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Old 03-25-2015, 04:15 PM
 
2 posts, read 1,264 times
Reputation: 10
Thanks for the reply need4speed2012....I am actually going to talk to a lawyer about this tomorrow. She has been quite rude to me about the entire situation.

So in regards to my second question, does she have the right to impose that kind of time limit?

Any other suggestions?
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Old 03-25-2015, 04:55 PM
 
54 posts, read 80,360 times
Reputation: 116
The landlord is under no obligation to renew your lease once it expires. It's sounds like your landlord acted rather unprofessional by asking you to find roommates and then ignoring your texts, but this is not illegal in and of itself. Without the details of your lease and any renewal clause(s) I'd say you're probably out of luck.
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