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]

Ad

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.
If you notice a new camera or feel your privacy is threatened, reach out to your landlord in writing and keep a copy for your records.

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

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.

  1. 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.
  2. 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.
  3. 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.
  4. Are audio recordings allowed in common areas?
    No. South Dakota law prohibits audio recording without the consent of all parties involved.
  5. 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


  1. South Dakota Codified Laws § 22-21-1 (Privacy in Communications and Surveillance)
  2. South Dakota Landlord and Tenant Act (§ 43-32)
  3. South Dakota Codified Laws, Title 22 — Crimes (Privacy Offenses)
Bob Jones
Bob Jones

Editor & Researcher, Renter Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.