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South Dakota Roommate Agreement

The South Dakota rules that shape the document: a narrower owner-occupant fair housing exemption, added protected classes, and a joint-not-several rent default.

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Introduction

A roommate agreement is a private contract between co-tenants who share a home. It is separate from the lease: it does not bind the landlord, does not change who the landlord can collect rent from, and does not give either roommate any right against the landlord that the lease itself does not already give. In South Dakota, SDCL ch. 43-32 (Lease of Real Property) never uses the words roommate, cotenant, or sublet, so there is no lodger law, no affirmative right to add a roommate, and no statute dividing a security deposit between roommates. Two South Dakota-specific rules do matter: the state's general civil obligations statute presumes rent liability among several people is joint, not several, unless the lease says otherwise, and South Dakota's fair housing law sets an owner-occupant exemption narrower than the federal baseline while adding creed and ancestry as protected classes. Your written roommate agreement, not a state statute, governs everything else.

Key Things to Know

  1. 1

    South Dakota's owner-occupant fair housing exemption is narrower than the federal Mrs. Murphy rule: it covers only a dwelling with living quarters for no more than two families where the owner occupies one, not the federal four-unit threshold, so an owner-occupant in a triplex or fourplex gets no selection exemption at all (SDCL 20-13-20).

  2. 2

    South Dakota adds creed and ancestry to its protected classes beyond the federal Fair Housing Act baseline, and the owner-occupant exemption above does not cover the discriminatory-advertising ban, so an owner-occupant who may legally decline a roommate on a protected trait still cannot say so in a listing.

  3. 3

    Most roommates assume a lease naming several tenants automatically makes each one liable for the whole rent. South Dakota's default civil obligations rule presumes an obligation owed by several people is joint, not several, unless the agreement expressly says joint and several (SDCL 20-1-5).

  4. 4

    South Dakota has no lodger statute like California's. Neither roommate may remove the other through self-help; removing an occupant who will not leave runs only through a formal court eviction, and even that action proceeds landlord-against-occupant, not roommate-against-roommate.

  5. 5

    No South Dakota statute gives a tenant an affirmative right to add a roommate over the landlord's objection, unlike New York's Roommate Law. The lease controls whether a new occupant may move in.

  6. 6

    No South Dakota statute sets whether an added roommate becomes a co-tenant on the lease or a subtenant of the original tenant. That status depends entirely on the paperwork with the landlord, not on this agreement.

  7. 7

    No South Dakota statute addresses splitting a security deposit refund between roommates. The state's deposit law regulates only the landlord-tenant relationship, so the roommate agreement should set the split itself.

Key decisions before you file

Before you file a Roommate Agreement in South Dakota, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.

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SOUTH DAKOTA Roommate Agreement (Compact State Terms)

Use this compact set with the full national Roommate Agreement template, which covers general co-tenant terms: parties, rent split, chores, guests, and quiet hours. What follows covers only what South Dakota law changes. This Agreement is between the co-tenants named in it, is not a lease, and does not bind the landlord or alter the lease.

1. Governing Law. This Agreement is governed by the laws of the State of South Dakota.

2. Co-Tenant or Subtenant Status. No South Dakota statute sets a default rule for whether an added roommate becomes a co-tenant on the lease or a subtenant of the original tenant, or whether landlord consent is required. SDCL ch. 43-32 is silent on the point; that status is decided by the paperwork with the landlord, not this Agreement.

3. Rent Liability Among Roommates. South Dakota's general obligations statute presumes an obligation owed by several persons is joint, not several, unless the agreement expressly says otherwise (SDCL 20-1-5). A lease silent on joint and several may not make each roommate liable for the whole rent by default. As between themselves, each Roommate owes this share of total rent: [insert share]. This does not change what the landlord may collect under the lease.

4. Security Deposit Between Roommates. South Dakota's deposit statutes (SDCL 43-32-6.1 and 43-32-24) govern only the landlord's cap, return timeline, and itemized accounting; neither divides a deposit among roommates. The deposit will be contributed and divided on move-out as follows: [insert split].

5. Adding a Roommate. No South Dakota statute gives a tenant a right to add a roommate over the landlord's objection. The lease controls whether a new occupant may move in.

6. Removing a Roommate. South Dakota has no lodger statute and no procedure letting one roommate remove another directly. No Party shall change the locks, remove another Party's belongings, or attempt self-help removal. Removal of an occupant who will not leave runs only through the forcible entry and detainer action (SDCL ch. 21-16), against the lessee, subtenant, or party in possession, not co-tenant against co-tenant, so it requires the landlord and a court. A 2024 amendment dropped the pre-suit notice to quit here; the action now proceeds on a verified complaint and summons, with 5 days to appear (SDCL 21-16-1(4); SDCL 21-16-7).

7. Roommate Selection. South Dakota's fair housing law (SDCL 20-13-20) adds creed and ancestry to the protected classes beyond the federal list, and exempts an owner-occupant's refusal, discriminatory terms, or refusal of a disability modification only for a dwelling with quarters for no more than two families, one occupied by the owner, narrower than the federal four-unit exemption. The advertising ban in SDCL 20-13-20 is not part of that exemption and stays in force where selection itself is exempt. Sioux Falls's own ordinance guidance says it mirrors state law here.

8. No Effect on the Lease. This Agreement binds only the signing co-tenants and does not modify the lease, bind the landlord, or obligate the landlord to accept a new occupant.

9. Execution. This Agreement is effective when signed by all Roommates. No South Dakota statute or reported decision addresses notarization or witness requirements for a private roommate agreement; ask a South Dakota attorney before assuming informal signatures are enough for your situation.

This compact South Dakota set supplements the national Roommate Agreement template. It is general information, not legal advice, and attorney review is available.

South Dakota Requirements for Roommate Agreement

South Dakota Owner-Occupant Fair Housing Exemption Is Narrow

South Dakota's owner-occupant exemption (SDCL 20-13-20) covers only a dwelling with living quarters for no more than two families where the owner occupies one, narrower than the federal four-unit threshold. An owner-occupant in a triplex or fourplex has no selection exemption at all.

South Dakota Adds Creed and Ancestry; Advertising Ban Stays In Force

South Dakota adds creed and ancestry to the protected classes beyond the federal Fair Housing Act baseline. Its discriminatory-advertising prohibition (SDCL 20-13-20) is not covered by the owner-occupant exemption, so a listing cannot state a preference even where selection on that trait would be exempt.

South Dakota Rent Liability Defaults to Joint, Not Several

South Dakota's general obligations statute (SDCL 20-1-5) presumes an obligation owed by several persons is joint, not several, absent express contrary language. Do not represent joint and several liability as automatic; the roommate agreement should state each roommate's share explicitly.

South Dakota Has No Lodger Law or Self-Help Removal

South Dakota has no lodger-specific removal shortcut. Removing an occupant who will not leave requires the general forcible entry and detainer action (SDCL ch. 21-16), which runs landlord-against-occupant, not roommate-against-roommate. Do not include self-help removal language.

South Dakota Does Not Apportion the Security Deposit Between Roommates

SDCL 43-32-6.1 and 43-32-24 govern only the landlord's handling of a security deposit, not how it is split among roommates. Include a clause setting each roommate's contribution and the move-out division.

Frequently Asked Questions

Yes. A South Dakota roommate agreement is a private contract between co-tenants, enforceable like any other contract. It does not bind the landlord and does not change the lease; it only governs the relationship between the roommates who sign it.

No. South Dakota has no lodger law and no statute letting one roommate remove another through self-help. Removing an occupant who will not leave runs only through the general forcible entry and detainer action, and that action proceeds landlord-against-occupant, not roommate-against-roommate, so it requires the landlord and a court.

No. South Dakota has no statute like New York's Roommate Law giving a tenant a right to add an occupant over the landlord's objection. Whether you can add a roommate depends entirely on what your lease says.

Not by default. South Dakota's general civil obligations statute (SDCL 20-1-5) presumes an obligation owed by several people is joint, not several, unless the lease or agreement expressly says joint and several. That stronger liability most landlords rely on is a drafting choice, not South Dakota's statutory floor.

No. South Dakota's deposit statutes govern only the landlord's cap, return timeline, and itemized accounting toward the tenant. No statute divides that money among roommates, so your roommate agreement should set the split and the move-out process yourselves.

No, in most cases. South Dakota's fair housing law adds creed and ancestry to the protected classes beyond the federal list. An owner-occupant exemption exists, but it is narrow, covering only a two-family dwelling where the owner occupies one unit, so most rentals get no exemption at all on these traits.

No. South Dakota's fair housing exemption for owner-occupants applies only to a dwelling with living quarters for no more than two families, one occupied by the owner. That is narrower than the federal Mrs. Murphy exemption, which reaches owner-occupied buildings of up to four units, so a South Dakota owner-occupant in a triplex or fourplex gets no selection exemption.

Not necessarily. South Dakota's discriminatory-advertising ban is a separate part of the statute from the owner-occupant selection exemption, and it is not included in that exemption. Even where an owner-occupant may lawfully decline a roommate on a protected trait, stating that preference in a listing can still violate the advertising ban.

No. Sioux Falls has its own human relations ordinance, but the city's own published guidance says the ordinance protects the same classes as South Dakota state law and does not change the owner-occupant exemption threshold. State law is the operative rule.