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Fill and Sign the Letter from Tenant to Landlord Containing Notice to Landlord to Withdraw Retaliatory Rent Increase South Dakota Form

Fill and Sign the Letter from Tenant to Landlord Containing Notice to Landlord to Withdraw Retaliatory Rent Increase South Dakota Form

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      [Date]       [Landlord’s Name]                         [Landlord’s Address] Re: Notice to Landlord: retaliatory rent increase Dear       : [Landlord’s Name] I am your tenant at the following premises:                         [Address of premises] In response to the increased rent notice you served on me, this notice is provided to you in accordance with the provisions of applicable Federal and State housing law. The law generally provides as follows: It is unlawful for a landlord to discriminatorily increase a tenant's rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant. In order for the tenant to raise the defense of retaliatory conduct, the tenant must have acted in good faith. Examples of conduct for which the landlord may not retaliate include, but are not limited to, situations where: (a) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the premises; (b) The tenant has organized, encouraged, or participated in a tenants' organization; or (c) The tenant has complained to the landlord about repair obligations of the landlord. It is clear that you are retaliating against me for the following: [insert an event/action/complaint for which Landlord is retaliating against you--including date, time, nature of event /action / complaint] :       Therefore, demand is made for the rent increase to be withdrawn. If continued, your retaliatory conduct will be used as a defense to any eviction proceeding, where I will request punitive damages be assessed against you if you do not relent in this malicious retaliatory conduct. In any case, I intend to continue paying the usual amount of rent and I intend to abide by our Lease Agreement and applicable law. Should you have any questions please let me know. Your attention is appreciated. Sincerely, Tenant: ______________________________________ Date: _________________ [signature] Proof of Delivery This Notice delivered to Landlord or Landlord’s authorized agent: [ ] by personal delivery [ ] certified/registered mail, return receipt requested [ ] other form of notice pursuant to Lease Agreement:       Signed: ______________________________________ Date: __________________________

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