South Dakota Hotel and Motel Tenancy Rules Explained

If you’re staying long-term in a South Dakota hotel or motel, you may wonder if you have renter rights, how evictions work, and what protections are in place. South Dakota has unique rules for hotel and motel guests, but your rights can change depending on the length of your stay. This article covers the essentials, including what counts as a tenancy, how evictions work, and where to get official help if you’re facing issues.

When Are You Considered a Tenant in a Hotel or Motel?

South Dakota law treats most hotel and motel guests as temporary occupants. However, if you stay for an extended period or have a written or verbal agreement for lodging, you may become a legal tenant with additional rights under tenancy laws.

• Short-term stays (generally under 28 days) typically do not create a landlord-tenant relationship. You are usually seen as a guest.
• Stays longer than 28 consecutive days or with a clear rental arrangement with the property owner may be covered by more traditional tenant protections.

Being classified as a tenant means legal eviction procedures must be followed, including adequate written notice.

Eviction Rules and Notices for Hotel and Motel Residents

Eviction procedures are different for hotel/motel guests compared to regular renters. If you are considered a guest, the owner can typically ask you to leave at any time, sometimes with very little notice.

If you are considered a tenant, the owner must follow the standard eviction laws for South Dakota:

• Three-Day Notice to Quit (Form: Eviction Notice – 3-Day Notice to Leave Premises): Required if rent is unpaid or the agreement is broken.
• Unlawful Detainer Filing: If you do not leave after proper notice, the owner must file for eviction (“unlawful detainer”) with the local court.

You can view more about the notice requirements in South Dakota Codified Laws Chapter 21-16 – Forcible Entry and Detainer.^[1]

What Is the 3-Day Eviction Notice?

The 3-Day Notice to Quit is an official form used to give a tenant three days to leave after a violation such as failure to pay rent.

• Form Name: Eviction Notice – 3-Day Notice to Leave Premises
• When to Use: If you are behind on rent or breaking other rules and the owner wants you to leave, they must give you this notice if you qualify as a tenant.
• Action Example: If you stay at a motel for over a month and have paid rent regularly, the owner must give you this notice before starting court eviction if they want you to leave for nonpayment.
• Download Official Form: Eviction Notice – 3-Day Notice to Leave Premises (PDF)

Differences Between Hotel/Motel Guests and Tenants

Understanding your status is crucial, since it determines what legal protections you have:

• Guest: Limited notice required; removal can be immediate if you violate house rules.
• Tenant: Legal eviction process applies, including a 3-day notice and possible court involvement.

Your Rights Regarding Locks and Personal Property

If you are legally a tenant, your hotel or motel cannot change the locks or remove your belongings without following the court eviction process. If you are a guest, however, property managers have greater discretion to ask you to leave, and South Dakota law offers less protection for locks and personal property.

Who Handles Disputes? South Dakota Courts

Eviction and tenancy-related disputes in hotels and motels are handled by the South Dakota Unified Judicial System – Circuit Court in the county where the property is located.^[2]

Key South Dakota Tenancy Legislation

Main rights and processes for hotel and motel tenancies are set out in:

• South Dakota Codified Laws Chapter 21-16 – Forcible Entry and Detainer
• South Dakota Codified Laws Chapter 43-32 – Landlord and Tenant

Review these official statutes for detailed legal language on eviction and tenancy in South Dakota.

FAQ: Hotel and Motel Tenancy in South Dakota

1. How long can I stay in a hotel or motel before I become a tenant in South Dakota?
   Generally, stays longer than 28 consecutive days or a clear rental agreement may qualify you as a tenant, giving you more legal rights.
2. Can hotel or motel staff remove my belongings if I can’t pay?
   If you are a tenant, the property must follow court eviction procedures before removing belongings. As a guest, you may have less protection.
3. What notice must a hotel or motel give before eviction in South Dakota?
   If you are a tenant, you’re entitled to a 3-day written notice before the property files for eviction with the court.
4. What should I do if I receive a 3-day eviction notice?
   Contact the hotel or motel to discuss your options and seek legal help right away. You may be able to pay owed rent or challenge the notice in court.
5. Where do I file a complaint if I believe my rights as a hotel tenant are violated?
   You may bring your case to the county Circuit Court through the South Dakota Unified Judicial System.

Key Takeaways for Hotel and Motel Renters

• Your rights increase if you stay over 28 days or have a rental agreement with the hotel or motel.
• Eviction for tenants requires a 3-day written notice and a court process.
• All tenancy disputes are handled by the South Dakota Unified Judicial System’s Circuit Courts.

Knowing your legal status and available protections is crucial for long-term stays.

Need Help? Resources for Renters

• South Dakota Unified Judicial System – Find Your County Court (Eviction & Tenant Disputes)
• South Dakota Department of Social Services – Community Assistance
• South Dakota Law Help (Free legal information)
• South Dakota Landlord and Tenant Statute

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1. South Dakota Codified Laws Chapter 21-16 – Forcible Entry and Detainer
2. South Dakota Unified Judicial System

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