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  1. #1
    Join Date
    Jan 2006
    South Dakota

    Default Asked To Leave Due To Venting

    I have been a occupant of my current residence since September of this year. During this time, I have continued to have repeated noise disturbances from the tenants above. I have documented, written letters, spoke with them and numerous contacts with the manager all without resolve.
    Late evening on December 20th, I called the manager telling her that the noise is unbearable and to come to witness it. She declined and said to call back another time. The very next day, that morning I called the manager again and said that I cannot live like this and asked for the option of mutually opting out of the lease. Early that afternoon, the tenant above, who has no life and is 19, had started to taunt and pound over the me. I pounded back and said that he needed to stop. He just became worse and I lost it. I proceeded to yell and the next thing I knew, the police was at my door. The law was called on me. I called the manager and tried to tell her that I contacted you about this and she said there will be a note on my door and hung up.
    The note said that since she called the police due to my yelling, I need to vacate on or before Jan. 1 2006.
    Is this legal? According to my lease and State, I live in South Dakota, it clearly states that I am entitled to quiet enjoyment. In 4 months, I have patiently gone through proper procedure with documentation etc. Didn't they break the lease by not fulfilling their end of the contract? And is it legal for them to take the law in their own hands by asking me to leave? According to my lease which is a yearly lease, it says a 30 day notice is required by both parties. Does my "venting" give the manager the cause to do this?
    Any info is appreciated. Thanks.

  2. #2


    Why didn't you call the police first. Secondly, why do you want to stay. She will have to give you thirty days to move out so find a new place. I would go ahead and give your own thirty day written notice in accordance with your lease. Send it CRRR. If there is any chance they may try to hold you to the full year be sure to get a separate written agreement mutually terminating the lease.

    Yes, you can fight the eviction but is it worth the effort?

  3. #3
    Join Date
    Jan 2006
    South Dakota


    I am not fighting to stay, but to leave. For 4 months I kept records etc and she done nothing. It was 1:30 in the afternoon and I was so emotional that they called the police first. I talked with her the evening before to come over and witness this and she said that I needed to call back later. That morning I called her to let her know that I am not feeling well and told her that I want the option of us mutually ending the contract. No response and said she will get back with me.
    As far as the lease, it states that if I break the lease before the end of term, I would be responsible for $515.00 re-rental fee if I stayed in the State. If I broke the lease because I needed to relocate out of the State of South Dakota, it is only a $100.00 penalty. That is very unsual. But I should not have to be penalized because they broke the contract first by not providing the premises with peaceful enjoyment.
    Shouldn't she have given a warning and official notice to me? The lease is a business deal and should be treated like one. I don't feel she had the right to take the law into her own hands the way she did. I have had no prior or after incidents. I was out of character, but I did have enough.
    I did call her after the police left to discuss it and she interrupted me and said a note will be on my door and hung up.
    I have an excellent rental background and I will do everything I can to ensure my credibility and rights. I have to protect that to make sure it doesn't tarnish future rental opportunities.

    Thanks for the reply Pat.


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