South Dakota Laws on Surveillance Cameras in Common Areas
As a renter in South Dakota, you may be concerned about your privacy when it comes to surveillance cameras in apartment buildings or shared residential spaces. This article explains your legal rights regarding cameras in common areas, what landlords are permitted to do, and where to turn if you believe your rights have been violated.
Understanding Surveillance Camera Use in Common Areas
Surveillance cameras are often installed by landlords to help boost safety and deter crime. "Common areas" include places like hallways, laundry rooms, entryways, stairwells, and shared lounges—spaces accessible to multiple tenants.
What Does South Dakota Law Say?
South Dakota does not have a state law that directly bans or regulates landlord use of video-only surveillance cameras in shared building areas. However, the state protects renter privacy against audio recording and hidden cameras without consent.[1] Key points include:
- Landlords generally may place visible video cameras in shared common areas to promote safety.
- It is illegal to use hidden cameras or any surveillance in areas where tenants have a reasonable expectation of privacy (like inside apartments or bathrooms).
- Audio recording without all-party consent is prohibited.
For comprehensive rights, refer to the South Dakota Codified Laws on Civil Rights and the South Dakota Landlord and Tenant Act.[2][3]
Privacy Rights for South Dakota Renters
Even where visible cameras are legal, you have a right to feel secure in your home. South Dakota law aims to prevent unreasonable invasions of privacy.
- No Cameras in Private Spaces: Cameras cannot be placed in rental units, bathrooms, or private bedrooms.
- Disclosure: Landlords should notify tenants of active surveillance in common areas, especially in lease agreements or house rules.
- Reasonable Use: Cameras should be used for legitimate safety/security—not monitoring tenant behavior.
What To Do If You Disagree with Camera Use
If you believe cameras are being misused, you can:
- Request Clarification: Ask your landlord about the purpose and scope of surveillance.
- File a Complaint: Document your concern and submit a formal complaint to the landlord.
- Contact Authorities: For illegal hidden cameras or audio, contact South Dakota Attorney General’s Office or local law enforcement.
The South Dakota Department of Labor & Regulation provides helpful renter guidance and can address general landlord/tenant disputes.
Relevant Forms and How to Use Them
-
South Dakota Residential Tenant Complaint Form
When to use: If you cannot resolve a privacy or camera concern with your landlord, use this form to report the issue to the South Dakota Department of Labor & Regulation.
Example: You discover an undisclosed camera in a semi-private area and your landlord does not respond to your written concern.
Download the Residential Tenant Complaint Form (PDF)
After submitting a tenant complaint form, the Department may investigate or provide advice on next steps. Note: Serious privacy violations or criminal acts (like hidden recording) should also be reported to law enforcement.
Which Agency Handles Landlord-Tenant Issues?
In South Dakota, residential tenancy matters are handled by the South Dakota Department of Labor & Regulation. They do not function as a housing court but help mediate landlord-tenant complaints and educate renters about their rights.
- Can my landlord install a camera in the hallway of my apartment building?
Yes, visible cameras in shared common areas are generally allowed for security reasons, but the landlord should disclose these to tenants. - Is it legal for my landlord to place a camera inside my rented apartment?
No. Cameras are not permitted inside private rental units, bedrooms, or bathrooms. - What should I do if I find a hidden or undisclosed camera?
First, document your findings. Notify your landlord in writing, and if unresolved, submit a complaint to the Department of Labor & Regulation or call law enforcement. - Are audio recordings allowed in common areas?
No. South Dakota law prohibits audio recording without the consent of all parties involved. - Who can help me if I feel my privacy rights are being violated as a renter?
The South Dakota Department of Labor & Regulation and the South Dakota Attorney General’s Office can offer assistance or guidance.
Need Help? Resources for Renters
- South Dakota Department of Labor & Regulation – Landlord/Tenant Rights
- Residential Tenant Complaint Form (PDF)
- South Dakota Attorney General’s Office
- South Dakota Housing Development Authority – Rental Help
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 & SituationsRelated Articles
- South Dakota Tenant Rights: When Can Renters Change Locks? · June 21, 2025 June 21, 2025
- South Dakota Tenant Rights: Domestic Violence Protections · June 21, 2025 June 21, 2025
- South Dakota Smoke Alarm Laws: Tenant Rights & Responsibilities · June 21, 2025 June 21, 2025
- South Dakota Renters: What to Do If You're Locked Out · June 21, 2025 June 21, 2025
- Renter Rights in South Dakota During Storms and Floods · June 21, 2025 June 21, 2025
- South Dakota Emergency Exit Lighting Rules for Renters · June 21, 2025 June 21, 2025
- Security Deposit and Damage Deposit Rules for South Dakota Renters · June 21, 2025 June 21, 2025
- South Dakota Requirements for 24/7 Emergency Maintenance Hotlines · June 21, 2025 June 21, 2025
- Fire Sprinkler Inspection Rights for South Dakota Renters · June 21, 2025 June 21, 2025