Legal Question in Real Estate Law in South Dakota
Rented property not ready for tenants - tenants refund was denied
Property rented for $2,000 for one week via on-line viewing and mail sight unseen from real estate company. Property rented for 9 people from CA. Tenants, owners are from CA. Property in South Dakota. Tenants notified real estate company of expected arrival time. Property found unsanitary, notified RE company. RE agent came to property, agreed with unsanitary conditions. Tenants took video tape of dead bugs on bedding. RE agent indicated that didn't have the owners permission to hire cleaning person. Tenants left property and rented motels rooms for 5 days 40 miles away. Tenants met with RE agent next day and asked for refund. RE agent contacted owner in CA who refused to give refund. Owner refused to speak to tenants. RE agent wrote letter and gave to tenant explaining unsanitary conditions and said she ''assumed the property weould be ready for tenants''. RE company advertised property for rent while our rental agreement was still in effect.
Do we have a case for small claims court? What are our chances of winning? Do we have to file in South Dakota or can we file in CA? Do we have to go to South Dakota for the court date?
2 Answers from Attorneys
Re: Rented property not ready for tenants - tenants refund was denied
Normally you file in the jurisdiction where the other party lives or where the incident occured. You may also be in a position to file where you live.
Re: Rented property not ready for tenants - tenants refund was denied
I think you have a good small claims court case for breach of contract since you did not get what you bargained for. Since the owner lives in California, you can sue him in the district in which he resides.
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