Sheriff

Meade County Sheriff’s Office Philosophy

Goal for Meade County Sheriff’s Office

    Information Coming soon......   

Civil Division

The Meade County Sheriff's Office Civil Department serves civil documents and orders as well as legal documents received from the Courts, other agencies, attorneys & private citizens.  The most common documents received from the Sheriff's office to serve are Summons & Complaints, Protection orders, Notices of small claims, and 3 day notices to quit and vacate.
 
    Fees -
              Civil documents    $25.00
              Subpoena               $10.00
              Execution               $35.00
              Distress Warrant  $25.00
 
Once the service is completed our fee and any mileage will be compiled on a return of service as well as the date and time subject was served.  This will then be mailed back to the appropriate person responsible for the bill.  It is that person’s responsibility to make payment to the Meade County Sheriff's Office within 10 days.

Tenant Landlord Information

Introduction
Anyone who rents a house, apartment, or mobile home is a tenant.  Renting, also called leasing, is an arrangement by which a landlord gives a tenant temporary possession and use of property for rent, and the tenant agrees to pay rent and to return the property to the landlord at a future time.  If a person rents a sleeping, motel or hotel room for four (4) weeks in a row or more, you are a “tenant” under law.
 
The law stated in this pamphlet applies to private, as well as public housing (such as Lakota Home, Section 8 and HUD housing) landlord/tenant relationships.  Public Housing tenants also need to look to their lease, as they have added rights and duties under Federal law.

The Lease – What is a written Lease?
Written leases usually state the most important terms of a rental agreement, including the length of the rental period, the amount of rent, and the notice necessary to end the lease.  Tenants need to read each word of any paper he/she signs.  Make sure it states the terms of the lease to which the tenant and landlord agreed.  The tenant needs to decide if she/he is willing to rent the unit under the lease’s terms.  If the tenant has questions, they need to ask the landlord or see an attorney.  If the tenant does not like the answers or does not like the lease, he/she can refuse to rent the unit or get the landlord to change the lease before it is signed.  Generally any changes in the terms of the lease must be initialed by both the landlord and the tenant to be effective.  The tenant should be sure to keep a copy of the lease in a safe place, where it can be found when needed.
 
How can a landlord change the lease?
Under a monthly-to-month tenancy agreement, the landlord may, upon giving notice in writing at least thirty days before the expiration of the month, modify the terms of the lease (such as increase the rent) to take effect at the expiration of the month.  The tenant may refuse to agree with the chance and move from the premises.  To do so, the tenant may terminate the lease effective the first day of the next month by providing notice of termination to the landlord within fifteen days of receipt by the tenant of the notice of modification.
 
REMEMBER: If you do not understand the terms of a lease, written or oral, be sure to ask questions and, if needed, get legal advice from an attorney.
 
Can the landlord enter the unit?
 Generally, the landlord may lawfully enter the rental unit without giving notice to the tenant in the event of an emergency.  The landlord has the right to make a inspection of the rental unit at a reasonable time, but only after reasonable notice is given to the tenant.  “Reasonable notice” is generally considered to be 24 hours in advance of entry into the rental.
 
Repairs
A landlord must keep the rental unit in reasonable repair and fit for humans to live in (except for damage caused by the tenant’s fault).  This reasonable repair includes keeping all electrical, plumbing, and heating systems in good and safe working order.  This duty cannot be ended or changed by the landlord or tenant.  However, the landlord and tenant can agree to let the tenant make certain repairs instead of paying some or all of the rent.  The tenant should obtain such an agreement in writing.
 
Evictions
When can a tenant be evicted?
    A landlord can bring an eviction (“forcible entry and detainer
    action”) in Court if:
1.   The tenant is not in lawful possession of the landlord’s rental unit (for example, the tenant remains in the rental unit after the time stated in the lease has expired or the tenant fails to pay rent for more than three (3) days after it is due);or,
2.  The tenant greatly damages the rental unit; or,
3.  The tenant does something which the lease states cannot be done (for example, tenant has pets in the rental unit and the lease says the tenant can be evicted if he/she has pets);or
4.  The tenant fails to do something which the lease states must be done or the tenant will be evicted (for example, the teanant agrees, in the lease, to make certain repairs on the rental unit instead of paying the rent and then does not make the repairs);or,
5.  In a monthly tenancy, the tenant fails to vacate the premises after receiving a one month notice from the landlord of an intent not to renew the lease even if the tenant has not violated any terms of the lease.
 
Does an eviction work?
      Under South Dakota law, these are the steps the landlord must
      take to remove a tenant, if the tenant will not move voluntarily
      from the rental unit:                                                        
1.  In most cases, the landlord must provide the tenant with a Written Three Day Notice; the notice tells the tenant that she/he has three days to leave the rental unit or a legal action will be begun to force the tenant out.  The three days are three business days and do not include Saturdays, Sundays or Legal holidays;
2.  If the tenant remains in the rental unit after the three days, the landlord must have a Summons and Complaint personally served on the tenant.  A Summons and Complaint are legal papers which begin legal action in court.  A tenant does not have to move at this time if he/she has a legal reason to fight the eviction; if so, the tenant should see an attorney immediately since he/she has only four business days to respond to the Summons/Complaint of the landlord by serving a document – called an Answer.
3.  If the tenant does not Answer within four days of receiving the Summons and Complaint, the landlord can get a Court Order which orders the County Sheriff to move the tenant out of the rental unit.
4.  If the tenant obtains an attorney and Answers, claiming that he/she has a right to stay in the rental unit, a trial will be held in court.  The judge or a jury will then listen to both the landlord’s side and the tenant’s side and decide if the tenant should be evicted or if she/he can remain.
  If the tenant moves out before a trial, the eviction action may end, but the landlord can continue the action for any rent and/or damages caused by the tenant to the rental unit, as well as monetary damages caused by the tenant’s failure to move.
  If the landlord wins the eviction action at the trial, the court will Order the tenant to leave the rental unit and to pay any rent due.  The tenant may also be ordered to pay the landlord’s attorney’s fees and costs of the court action (filing and service fees, etc.)  In some cases, the landlord can recover double rent for the time the tenant had remained in the rental unit after the end of the three day notice to vacate time period.
  If the tenant wins the eviction action, he/she will be allowed to remain living in the rental unit for the length of the rental agreement.   This would not prevent the landlord from giving the tenant a month’s notice to move, if the lease is month-to-month and not a subsidized housing lease.  Even if the tenant wins, she/he will still have to pay rent.
 
REMEMBER: TO FIGHT AN EVICTION, A TENANT NEEDS TO CONTACT AN ATTORNEY AS SOON AS THEY ARE SERVED WITH A THREE DAY NOTICE OR A SUMMONS AND COMPLAINT.
 
What happens to property left on rental premises?
  The landlord must handle property left on the rental premises, by a tenant who has move, as follows: Property having a total reasonable value which does not exceed $100.00 is, under law, abandoned by the tenant after ten (10) days of the tenant’s move from the rental unit.  The property may then be disposed of by the landlord according to abandoned property laws.  Property with a total reasonable value of over $100.00 must be stored by the landlord for thirty (30) days after the tenant move.  If the Tenant does not claim the property during the thirty days, the landlord may treat the property as abandoned and dispose of it according to law.  If the property is claimed by the tenant during the thirty days, the landlord can make the tenant pay reasonable handling and storage cost.

Protection Orders

In order to get a protection order you must apply for it at the Meade County Clerk of Courts.  The Meade County Clerk of Courts is located in the Meade County Courthouse at 1425 Sherman Street, Sturgis, SD 57785.  The phone number is
605-347-4411.

Concealed Pistol Permits 
Meade County Concealed weapons permits requirements

     1.  18 years of age or older
     2.  never pled guilty to, nolo contrendere to, or been convicted of a felony
         or a crime of violence
     3.  not habitually intoxicated or drugged
     4.  no history of repeated acts of violence
     5.  has not been found in the previous ten years to be a "danger to others"
         or a "danger to self" as defined in 27A-1-1 or is not currently adjudged
         mentally incompetent
     6.  has been a resident of the county or municipality where the
         application is being made for at least thirty days
     7.  has had no violations of chapter 23-7 (firearms control), 22-14
         (unlawful use of weapons), or 22-42 (controlled substances and
         marijuana), in the
         five years preceding the date of application
     8.  a citizen of the United States
     9.  is not a fugitive from justice
 
When you come into the Sheriff's Office to apply for a concealed pistol permit you must have a drivers license or identification card.  If you are in the military your military identification is required as well.  There is a 3 day waiting period in which in that time the Sheriff will complete a background check.  When the 3 days is up you can come back in to the Sheriff's office and pay $10.00 CASH for your temporary permit.  Our office will hold them for 30 days.  Once you have picked up the temporary permit the Sheriff sends a copy of the application to the Secretary of State who issues the official permit and will come to your mailing address within 30 days.

For additional information on South Dakota Firearm Laws visit the South Dakota Secretary of State website at www.sdsos.gov

Warrants

 Information to come...

Tips

Information to come...

Ron Merwin - Sheriff
Thomas Wilts - Chief Deputy

Phone: (605) 347-2681
Fax: (605) 347-6824
Email: rmerwin@meadecounty.org
Address: 1400 Main St., Sturgis, SD  57785

Hours: 8 am - 5 pm, Monday-Friday