South Dakota Laws on Airbnb and Short-Term Sublets

If you're thinking about listing your apartment or room on Airbnb or another short-term rental platform while renting in South Dakota, it's important to know the rules that apply. Short-term subletting can be a convenient way to share your space, but South Dakota law—plus your lease and local city ordinances—set important limits for renters considering Airbnb or similar arrangements.

What Is Considered a Short-Term Rental or Airbnb Sublet?

In South Dakota, short-term rentals usually mean renting out your property or a part of it for fewer than 30 consecutive days. Common platforms like Airbnb and Vrbo fall into this category. These agreements are different from traditional subletting, which often lasts a month or longer.

Can You Sublet Your Rental on Airbnb Under South Dakota Law?

There is no specific statewide law in South Dakota that bans or allows Airbnb or similar short-term sublets. The ability to sublet—short- or long-term—mainly depends on:

• Your lease agreement: Most standard leases in South Dakota prohibit subletting without the landlord's written consent.
• Landlord approval: You must get the landlord’s written permission before subletting on Airbnb or similar platforms.
• Local city or county regulations: Some South Dakota cities, such as Sioux Falls and Rapid City, have local rules or permitting requirements on short-term rentals. Always check with your city government for any registration or zoning rules.

If you rent out your space without required approval, it could violate your lease and lead to eviction or financial liabilities.

What Does Your Lease Say About Subletting?

Many South Dakota leases specifically say you can’t sublet—whether for a weekend or a few months—without the landlord’s written okay. This could be an explicit subletting clause or a general statement about not allowing "assignments" or "unapproved occupancy." If you're unsure, review your lease carefully or ask your landlord for clarification.

What Forms Do You Need?

Sublease Agreement Form

• Form Name: Sublease Agreement (No official state form; must be created or reviewed by both parties with landlord consent.)
• When to Use: If your landlord approves your sublet, you and the new occupant (the subtenant) should sign a detailed sublease agreement. This spells out the terms, rent, and responsibilities. There is no pre-made state government form, but you can ask your landlord or a local attorney for a template.
• Link for Templates: See South Dakota landlord-tenant resources.

Landlord Consent

• Form Name: Written Request for Subletting or Written Permission
• When to Use: Before listing your rental for short-term or long-term subletting, request your landlord's permission in writing. Document their approval to protect yourself from potential lease violations.
• Tip: Keep a copy of all correspondence with your landlord regarding subletting. It serves as important evidence if there’s a dispute.

Eviction Risks and Tenant Protections

Offering your rental on Airbnb or as a short-term sublet without landlord permission can be grounds for eviction under the South Dakota Residential Landlord and Tenant Act. The law, found in South Dakota Codified Laws Chapter 43-32, allows landlords to give proper notice to vacate if you violate the lease.

• Landlords must provide written notice of lease violations.
• If you receive an eviction notice, you have the right to respond before any action is taken.
• Eviction cases are handled by the South Dakota Unified Judicial System: Small Claims Courts.

What Happens If a Dispute Occurs?

If you and your landlord disagree about Airbnb subletting or if you receive an eviction notice because of a short-term rental, you may need to address the issue in small claims court. The tenant and landlord each can present their documents, lease, and correspondence. For more information, see the official small claims process guide.

Key Steps Before Offering Your Rental on Airbnb in South Dakota

• Read your lease and identify any subletting or assignment clauses.
• Request written permission and keep documentation.
• Check city or county rules for permits or short-term rental registration.
• Use a clear sublease agreement if subletting is approved.

Short-term subletting without consent can lead to eviction, even if the platform itself seems simple to use. Always involve the landlord before listing your rental.

FAQ About Airbnb, Subletting, and South Dakota Law

1. Can I rent out my apartment on Airbnb if my lease doesn't mention it?
   If your lease is silent about subletting, you still need your landlord’s permission. Most South Dakota landlords require written approval for all sublets.
2. What can happen if I sublet my place without landlord approval?
   You could be evicted for violating your lease, even for a short-term rental like Airbnb.
3. Are there official forms for Airbnb subletting in South Dakota?
   No official government form exists. Create your own sublease agreement and obtain written landlord consent.
4. Does my city have special rules about Airbnb rentals?
   Some South Dakota cities have their own regulations. Always check with your local city hall or government website.
5. If I get an eviction notice, what should I do?
   Respond as soon as possible, gather your documents, and seek advice from a tenant resource or legal aid.

Conclusion: What Renters Should Remember

• Always get your landlord’s written consent before considering Airbnb or other short-term sublets.
• Check your lease for subletting restrictions and follow all local rules.
• Understand that unauthorized subletting may lead to eviction in South Dakota.

Being proactive and communicating with your landlord can help avoid legal and financial problems related to Airbnb sublets.

Need Help? Resources for Renters

• South Dakota Attorney General: Landlord Tenant Rights
• South Dakota Unified Judicial System: Small Claims Courts
• Legal Aid in South Dakota
• South Dakota Codified Laws Chapter 43-32: Landlord and Tenant

---

1. South Dakota Codified Laws Chapter 43-32: Landlord and Tenant
2. South Dakota Unified Judicial System: Small Claims Courts
3. South Dakota Attorney General: Landlord Tenant Rights

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations