South Dakota Room Rental Agreement (2026)

Rent out a room in your home or apartment: private room, shared areas, house rules, utilities split, deposit and notice terms that follow your state's law.

Updated September 2026≈ 8 minReviewed against S.D. Codified Laws § 43-32-6.1 · S.D. Codified Laws § 43-32-24 · S.D. Codified Laws § 43-32-32

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What you'll get

Sample first page of the Room Rental Agreement. Your answers fill in the blanks; the clauses required in South Dakota are added automatically.

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What this document covers

Homeowner or primary tenant and the room renter
The private room and the shared areas
Month-to-month or fixed term with state notice rules
Rent, due day and late fee within the state cap
Utilities included, split or fixed
Security deposit cap and return
Overnight guests, quiet hours, smoking and pets
Cleaning and chores
Landlord entry and repairs
State disclosures and lodger rules

South Dakota rules that this document follows

Security deposit limit	one month's rentSource: S.D. Codified Laws § 43-32-6.1 (more allowed by agreement for special conditions)
Deposit return deadline	14 days after move-outSource: S.D. Codified Laws § 43-32-24 (14 days; itemized accounting within 45 days on request)
Interest on deposit	Not requiredSource: S.D. Codified Laws § 43-32-24 (no interest requirement)
Late fees	No statutory cap; must be reasonable and stated in the leaseSource: No statutory limit; fee must be stated in lease
Landlord entry notice	24 hoursSource: S.D. Codified Laws § 43-32-32
Notice to end month-to-month	Landlord 30 days / Tenant 15 daysSource: S.D. Codified Laws § 43-32-13

Rules current as of 2026-10-27. Statutes change; verify before relying on them.

How to use this Room Rental Agreement in South Dakota

Describe the room and the shared areas precisely, set utilities as a fixed charge or state the split formula to avoid monthly arguments, and put guest, quiet-hour and cleaning rules in writing. Answer the state disclosure questions (flood zone, sprinklers, bed bugs and the like) — they print as actual statements in the agreement. Give the renter a copy, a receipt for the deposit and every attachment listed at the end.

If you are a tenant subletting a room, confirm your lease allows it and get your landlord's written consent first.

Frequently asked questions

Do landlord-tenant laws apply when I rent a room in my own home in South Dakota?

In most states yes, including deposit rules, statutory disclosures and eviction procedures, although some states exempt owner-occupied homes from certain rules (for example, parts of the federal Fair Housing Act under the 'Mrs. Murphy' exemption). This agreement follows South Dakota's general residential rules and prints the state's statutory disclosures that apply to a room letting.

Can I remove a roommate without going to court?

No. Once a person is a paying occupant, self-help removal is illegal. Serve the South Dakota notice and, if needed, file an eviction case.

Other names

roommate agreement
rent a room contract
lodger agreement
shared housing agreement
room lease
house share agreement
boarder agreement

Other states

FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.