Adding a Roommate to Your Lease in South Dakota

Looking to bring a new roommate into your rental in South Dakota? It’s important to follow the proper steps so everyone is protected legally and your lease remains valid. Whether you need to share costs or want a trusted friend to move in, this guide explains how South Dakota renters can add a roommate the right way.

Why You Must Get Approval Before Adding a Roommate

Most leases in South Dakota require landlord approval before you can officially add another occupant to your rental unit. Adding someone without permission may be considered a lease violation and could risk eviction. That's why it's crucial to follow the rules and update your lease legally.

What South Dakota Law Says About Roommates

Residential tenancies in South Dakota are regulated under South Dakota Codified Laws § 43-32 (Residential Landlord and Tenant Act). While the law does not automatically allow subletting or roommate additions, your lease agreement may specifically address these issues. Always review your lease for any rules about guests, occupants, or adding roommates, and check with your landlord before proceeding.^[1]

Steps to Add a Roommate to Your Lease in South Dakota

Here’s a quick summary of how to add a new roommate to your existing lease:

• Carefully review your lease for any language about additional occupants, subletting, or requiring landlord consent.
• Ask your landlord or property manager in writing for permission to add a new roommate.
• Be prepared for the landlord to conduct a background and credit check on your prospective roommate.
• If approved, have both you and your roommate sign a Lease Amendment or a new lease with your landlord. This officially makes your roommate a responsible party under the lease.
• Ensure the roommate’s name is added to your existing security deposit, or clarify how deposits are handled in the updated agreement.
• Keep a copy of any signed documents for your records.

Official Forms for South Dakota Roommate Changes

South Dakota does not provide a standard government-issued “Roommate Addition” form, but landlords typically use the following official documents:

• Lease Amendment or Addendum
  • Name: There is no standard numbered state form; the form is sometimes called a "Residential Lease Amendment" or "Addendum." Ask your landlord/property manager for their required form.
  • When to use: Whenever adding a new roommate as a formal party on the lease. For example, if your friend moves in and will be sharing rent and responsibilities, your landlord should update your lease with this addendum for legal protection.
  • Sample Lease Amendment (HUD template)
• Tenant Application Form
  • Name: Tenant Application (varies by property management company)
  • When to use: Landlords may require your prospective roommate to complete this form for screening before adding them to the lease. For example, submitting a new roommate’s application to check background and references.

Contact your property manager or landlord for their specific required forms and ask for everything in writing.

What If Your Landlord Says “No”?

If your landlord refuses to allow a new roommate, review your lease and South Dakota rental laws for any applicable clauses. Landlords generally have the right to approve or deny additions, but they cannot discriminate based on race, color, religion, sex, national origin, disability, or familial status under federal fair housing laws.^[2]

Action Steps: Adding a Roommate to Your Lease

To keep your rental safe and lawful, be proactive and communicate clearly with your landlord during the roommate process. Here’s a short, step-by-step list:

• Review your existing lease for any clauses about guests or roommates.
• Talk to your prospective roommate about shared expectations (rent split, chores, etc.)
• Submit a written request to your landlord for roommate approval.
• Have your new roommate complete any necessary application or background checks.
• Make sure both of you sign a lease amendment or new lease before moving in.
• Keep copies of all signed paperwork.

Who Handles Rental Disputes in South Dakota?

In South Dakota, rental disputes (including those involving lease changes or roommate issues) are handled by the South Dakota Unified Judicial System, typically through Small Claims Court for residential landlord-tenant matters.^[3]

FAQ: Roommates & Shared Housing in South Dakota

1. Can I add a roommate without telling my landlord?
   No. Adding someone without landlord approval may be a lease violation and can result in eviction. Always request permission in writing.
2. Does the new roommate have to go through a background check?
   Usually yes. Most landlords will require a rental application and screening before approval.
3. What happens if my landlord won’t let me add a roommate?
   If your lease prohibits it or your landlord reasonably denies the request, you cannot legally add the person as a co-tenant. If you believe you are being discriminated against, contact the South Dakota Division of Human Rights.
4. Am I responsible for my roommate’s rent if they move out?
   If you both sign the lease, yes—you are both "jointly and severally liable" for the full rent and any damages.
5. Where can I get official lease forms or amendments?
   Ask your landlord or property manager, or use HUD sample forms for guidance. There is no state-issued standard form for roommate additions.

Key Takeaways: Adding a Roommate in South Dakota

• Always get written landlord approval and sign updated lease documents.
• Legal protections and responsibilities apply once your roommate is officially added to the lease.
• For disputes, South Dakota courts handle residential tenancy matters.

Following the right steps can keep you, your roommate, and your landlord protected throughout your tenancy.

Need Help? Resources for Renters

• South Dakota Unified Judicial System (Small Claims Court) – For tenant-landlord disputes.
• South Dakota Department of Social Services – Housing and rental assistance information.
• South Dakota Division of Human Rights – Fair housing and discrimination complaints.
• HUD: South Dakota Renting Resources – Federally supported rental guides and forms.

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1. South Dakota Codified Laws, Chapter 43-32: Residential Landlord and Tenant Act
2. U.S. Department of Housing and Urban Development: Federal Fair Housing Laws
3. South Dakota Unified Judicial System: Small Claims Court Information

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