South Dakota Occupancy Limits & Overcrowding Laws Explained

Renting in South Dakota comes with important rules regarding how many people can legally live in a rental unit. Understanding occupancy limits and overcrowding laws can help you avoid eviction risks or lease violations, especially if you share your home with roommates, family, or subtenants. This guide explains South Dakota’s occupancy rules, key legal terms, and how they’re enforced—so you can confidently navigate shared housing situations.

What Are Occupancy Limits in South Dakota?

Occupancy limits are rules that determine how many people can live in a rental unit. These limits are intended to protect tenant safety, prevent overcrowding, and ensure housing remains in good condition. In South Dakota, occupancy standards are most often set by local city or county building codes rather than specific statewide laws.

• Most local codes follow health and safety standards similar to the International Property Maintenance Code.
• A typical guideline is no more than two persons per bedroom plus one additional person in the unit.
• Some cities may have their own stricter or more detailed occupancy ordinances.

For example, in Sioux Falls, the City’s Rental Dwelling and Occupancy Code defines occupancy limits based on bedroom count and total square footage.

What Counts as Overcrowding?

Overcrowding happens when more people live in a rental than the lawful occupancy limit allows. This can:

• Create health and safety hazards
• Lead to complaints from neighbors or landlords
• Result in eviction or legal action

If you’re planning to add a roommate, sublet a room, or have guests for an extended time, always check your lease and local city codes before making changes.

How Are Occupancy Standards Enforced?

Enforcement usually happens when:

• A complaint is made to city code enforcement (e.g. by a neighbor, landlord, or the fire department)
• The landlord seeks to remove residents exceeding the limit
• During routine inspections for rental registration or licensing

If a violation is found, the landlord or local authority may send a formal notice requiring you to reduce the number of occupants. Ignoring this can lead to lease termination or fines. For disputes, renters may bring issues before a court, as South Dakota does not have a dedicated landlord–tenant board. Most legal housing disputes are handled by the South Dakota Unified Judicial System.

Relevant South Dakota Legislation

While South Dakota law does not specify occupancy numbers, your rights and responsibilities as a renter are governed by South Dakota Codified Laws Chapter 43-32 – Landlord and Tenant.^[1] This chapter covers rental agreements, eviction, and dispute resolution.

What Forms and Notices Are Involved?

If you are asked to leave due to an occupancy violation, you may receive a:

• Notice to Quit (Eviction Notice): Used by landlords to tell tenants that the lease will end for violating terms, such as occupancy limits.
• Notice to Quit (30-Day): For month-to-month tenancies.
  Example: If a landlord discovers you are housing more people than permitted, they may serve this notice to begin eviction.
• Summons and Complaint for Eviction (Form UJS-318): Used if the landlord files with the local court to remove tenants who stay after being asked to leave.

Tips for Staying Safe and Compliant

• Ask your landlord about occupancy limits listed in your lease agreement
• Contact your local code enforcement or city hall to confirm local rules
• If you receive an official notice, respond in writing and keep all documents

Understanding these rules helps you avoid unexpected disruptions and keeps your shared housing experience smooth.

Frequently Asked Questions: South Dakota Occupancy Limits

1. How many people can live in a one-bedroom apartment in South Dakota?
   While not set statewide, many cities use a general rule of two people per bedroom plus one. Always check your local city code or lease.
2. Can my landlord evict me for having too many roommates or guests?
   Yes, if the number of occupants violates your lease or local codes, the landlord can serve an eviction notice. Be sure to communicate before making any changes.
3. Where do I find my local occupancy rules?
   Check your local city or county’s website, contact code enforcement, or ask your landlord to clarify standards in your area.
4. What should I do if I get a "Notice to Quit" for overcrowding?
   Respond in writing, consult local code enforcement if you disagree, and seek legal advice if needed. You may have the chance to reduce occupancy and resolve the issue.
5. Is it legal to sublet if it increases occupancy above the limit?
   No. Even with landlord permission to sublet, you must follow total occupancy limits set by code or lease.

Summary of Key Takeaways

• Occupancy limits in South Dakota depend primarily on local ordinances and lease agreements.
• Violating these limits can lead to eviction or fines—always check your city’s codes and speak with your landlord.
• Legal disputes are handled by South Dakota’s local courts, not a specific tenancy tribunal.

In short: Know your local rules, communicate with your landlord, and stay proactive about shared housing in South Dakota.

Need Help? Resources for Renters

• South Dakota Unified Judicial System – Handles landlord-tenant cases and provides eviction forms.
• Access to Justice South Dakota – Free or low-cost legal help for qualifying tenants.
• South Dakota Department of Social Services: Housing & Shelter Assistance
• City or County Code Enforcement Offices – Call your local city hall or building department.

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1. South Dakota Codified Laws Chapter 43-32 – Landlord and Tenant
2. South Dakota Unified Judicial System – Landlord/Tenant Resources
3. Sioux Falls Rental Dwelling and Occupancy Code
4. UJS-318 – Summons and Complaint for Eviction
5. Notice to Quit (30-Day) Form

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