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Abandoned Property
My roommate moved out and has left her things. How do I go about getting her things out?

My roommate moved out and has left her things. How do I go about getting her things out?

Q: How long can I keep my friend's belongings before I can dispose of them?

In South Dakota, if a tenant leaves their belongings behind, you can consider them abandoned after ten days. If the items are valued at less than one hundred dollars, you can dispose of them at that time (SDCL § 43-32-25). Always try to reach out to the owner before proceeding.

Q: Can I sell my friend's belongings if they are abandoned?

In South Dakota, if your friend's belongings are considered abandoned and valued under one hundred dollars, you may dispose of them. However, selling them may involve additional legal considerations. It's best to consult legal advice before taking this step to ensure compliance with the law.

Q: What if my friend comes back for their belongings later?

If your friend returns after you have disposed of their belongings, they may have limited recourse if the items were legally considered abandoned under South Dakota law. It's important to document your attempts to contact them and the timeline of events to protect yourself legally.

Q: Are there any legal requirements for notifying someone about abandoned property?

In South Dakota, while there is no specific requirement to notify a friend about abandoned property, it is advisable to make reasonable efforts to contact them before disposing of their belongings. Keeping a record of your attempts can help protect you legally in case of disputes.

Full question:

A friend recently moved all of her belongings to my residence and then suddenly decided to move to Tennessee. She has been gone for 3 weeks and I have not heard from her. How do I go about getting her things out of here ASAP?

Category: Abandoned Property
Date: 04/07/2025
State: South Dakota

Answer:

The following is a SD statute:

43-32-25. Small amount of tenant's property left on premises presumed abandoned--Disposal by lessor. The property of a lessee, the total reasonable value of which does not exceed one hundred dollars, left on leased residential premises by the lessee for ten days after the lessee has quit the premises, is presumed to have been abandoned by the tenant and the lessor of the residential premises may dispose of the abandoned property.

Source: SL 1976, ch 267, § 7.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What should I do if my friend abandoned their belongings at my house?

If your friend has left their belongings at your home for more than ten days after moving out, you may consider them abandoned under South Dakota law. If the total value of the items is less than one hundred dollars, you can dispose of them (SDCL § 43-32-25). It's advisable to document the situation and attempt to contact your friend before taking any action.