South Dakota Clause Defining Operating Expenses

State:
Multi-State
Control #:
US-OL19034B
Format:
Word; 
PDF
Instant download

Description

This office lease form is a clause regarding all direct and indirect costs incurred by the landlord in the operation, maintenance, repair, overhaul, and any owner's overhead in connection with the project.

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FAQ

53-8-1. Contracts which may be oral. All contracts may be oral except such as are specially required by statute to be in writing.

42-7A-26. Appointment of assistant attorney general to assist in enforcement. The attorney general shall appoint an assistant attorney general to assist the South Dakota Lottery in the enforcement of the criminal and civil provisions of this chapter. Source: SL 1987, ch 313, § 30.

Does a verbal agreement override a written contract? The short and simple answer to this question is no. For that reason and several others outlined below, a written contract will almost always be easier to enforce than a verbal agreement.

South Dakota Renters' Rights and Landlord Responsibilities Repairs ? Landlords must keep the units fit for habitation. They are also required to make repairs within a timely manner, although state law doesn't give a specific time frame.

Can I sue for breach of a verbal agreement? Well, you can take action against a party who fails to live up to a legally binding agreement, including a verbal agreement. However, as mentioned above, you should ensure that all the elements of a legally binding contract are first present.

Except in case of an emergency or if it is impracticable to do so, a landlord or landlord's agent shall give the tenant reasonable notice of the landlord's intent to enter and enter only at reasonable times.

Put simply: yes. From a legal standpoint, verbal contracts can be just as valid as written contracts. There are, of course, nuances and exceptions, and a verbal contract may be much more difficult to enforce in court should something go wrong.

Technically, the answer is yes. Although the agreement is not in writing, you may be able to file a lawsuit if another party breaches a verbal contract. However, many oral contract cases turn into ?he said, she said? situations, which can be more challenging to prove than cases with clearly defined terms on paper.

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South Dakota Clause Defining Operating Expenses