Essential Clauses for Roommate Agreements in South Dakota

Sharing a rental home can be a practical and social choice. In South Dakota, a clear and well-structured roommate agreement is your best protection against misunderstandings, especially in situations involving rent, bills, chores, or a change in roommates. While your main lease is what the landlord enforces, a separate roommate agreement helps clarify your arrangement—providing you with peace of mind and legal backup in case of disputes.

Why a Roommate Agreement Matters

Unlike a lease with your landlord, a roommate agreement is a private contract between people sharing a rental. It sets expectations on key points, and, in the event of a disagreement, can be used in small claims court or mediation to resolve issues.

Key Clauses to Include for South Dakota Tenants

Below are the main sections every roommate agreement should cover. Customizing these clauses to your situation helps prevent confusion later.

• Names and Dates: List all roommates covered and the agreement's start date.
• Rent Payments: Specify the total rent, each roommate's share, when and how rent will be paid, and the due date. Not all roommates are always legally responsible to the landlord (check your lease), but you are responsible to each other by agreement.
• Utilities and Bills: Detail which bills (electricity, internet, etc.) are included, how they are divided, and who pays whom.
• Security Deposit: State how much each person paid, and your plan for dividing any deductions or refunds at move-out.
• Household Chores: Document how shared tasks (cleaning, trash, lawn care) are handled.
• Guests: Set rules on overnight visitors, parties, or notification requirements.
• No-Subletting Clause: Decide if subletting or replacement roommates are allowed and how to approve them.
• Move-Out Procedure: Describe how a roommate can leave, how much notice is needed (e.g., 30 days), and how the departing roommate’s responsibilities are covered.
• Dispute Resolution: Agree on how disagreements will be handled (e.g., mediation, small claims court).

For an extra layer of clarity and protection, consider having all parties sign and date the agreement. Keeping a digital copy is also recommended.

South Dakota Law and Shared Housing

Roommate agreements are not covered by landlord-tenant law in South Dakota, but your primary rental contract is. Disputes between roommates typically fall under contract law, and small claims court can hear these cases. All renters should familiarize themselves with the South Dakota Codified Laws Chapter 43-32 (Landlord and Tenant Law)¹, which governs rental rights and responsibilities between tenants and landlords.

In some shared housing arrangements, not all roommates may be listed on the main lease. If you are not named as a tenant on the primary lease, you may have fewer legal protections regarding eviction and lease renewal. Always check your lease and, if possible, ask your landlord to have all roommates listed for maximum security.

Official Forms and Housing Contacts

Currently, there are no state-mandated roommate agreement forms in South Dakota. You will need to draft your own roommate contract. However, for disputes with your landlord (such as returning a security deposit), you may use the following:

• Security Deposit Demand Letter (no statewide form number):
  • When to Use: If the landlord does not return your security deposit within 14 days after you move out.
  • How to Use: Write a letter requesting return of your deposit, including your address, move-out date, and forwarding address. Send it via certified mail if possible.
  • Detailed instructions from the South Dakota Office of Attorney General
• Small Claims Court Application:
  • When to Use: For disputes like unpaid rent or bills from a roommate, up to $12,000.
  • How to Use: File a claim at your local circuit court. Instructions and forms are available from the South Dakota Unified Judicial System.
  • Small Claims Forms and Instructions

Residential Tenancies Tribunal in South Dakota

South Dakota does not have a specialized housing tribunal; regular civil courts (circuit courts and small claims courts) handle residential tenancy disputes. You can find local court details at the South Dakota Unified Judicial System.

What if a Roommate Breaks the Agreement?

If your roommate fails to pay their share of rent or damages property, start by communicating in writing. If you cannot resolve it, taking your signed agreement and documentation to small claims court is your main option.

FAQ: Roommate Agreements in South Dakota

1. Is a roommate agreement legally binding in South Dakota?
   A roommate agreement is a civil contract between you and your roommates. While not covered under landlord-tenant law, it can usually be enforced in small claims court if signed by all parties.
2. Do all roommates need to be on the rental lease in South Dakota?
   No, but only those listed on the lease have rights toward the landlord. Unlisted roommates may have less protection if disputes arise or if eviction occurs.
3. Can a roommate evict another roommate in South Dakota?
   Generally, only a landlord can formally evict someone from the property. If you need a roommate to leave, you may ask them in writing, but legal eviction must usually go through the landlord or courts.
4. Are there free templates for roommate agreements in South Dakota?
   There are no official state templates. You can draft your own based on the clauses above, or consult free guides from legal aid resources. Be sure all parties read and sign it.
5. What should I do if a roommate refuses to pay their share of rent?
   Start by documenting your communications and attempts to resolve. If needed, you can file a claim in small claims court with a copy of your roommate agreement and proof of payments.

Key Takeaways

• A strong roommate agreement prevents most shared housing disputes.
• Include clear clauses on rent, bills, deposits, chores, guests, and what happens if someone moves out early.
• Disputes between roommates go to small claims court, not a housing tribunal.

Need Help? Resources for Renters

• South Dakota Attorney General – Tenant & Landlord Rights: Guides and complaint info.
• South Dakota Small Claims Court Information: For filing roommate disputes.
• South Dakota Landlord and Tenant Law (Chapter 43-32): Official tenant rights legislation.
• Legal Services of South Dakota: Free or low-cost renter legal help.

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1. South Dakota Codified Laws Chapter 43-32 (Landlord and Tenant Law)
2. South Dakota Unified Judicial System – Small Claims Information
3. South Dakota Office of Attorney General – Tenant and Landlord Rights

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