Can my landlord charge me for the whole building’s water usage?

No, unless your lease specifically allows for dividing master meter bills. Typically, you should only pay for your individual use as outlined in your agreement.

Is there a government agency in South Dakota that handles water bill complaints for renters?

South Dakota does not have a dedicated agency, but renters can use the Small Claims Court through the Unified Judicial System for water bill disputes.

What if I am threatened with water shut-off due to someone else’s unpaid bills?

Contact your water utility right away and notify your landlord in writing. Provide any evidence showing you are not responsible and seek mediation or legal help if needed.

My landlord didn’t include water service terms in my lease. Am I responsible?

If your lease is silent on utilities, the landlord may be responsible. Check your agreement and seek legal advice or contact Small Claims Court if in doubt.

Can I withhold rent if there’s a dispute over my water bill?

It’s risky to withhold rent. Resolve disputes through communication and documentation or take legal action if needed, rather than stopping payments.

South Dakota Tenant Water Bill Disputes: Your Options Explained

Utilities, Services & Billing South Dakota published June 21, 2025

Water bill disputes can be confusing and stressful for South Dakota renters. Whether you’re questioning an unexpectedly high charge or aren’t sure who is responsible, understanding your rights and the steps you can take will help you resolve issues confidently. This guide covers tenant options under South Dakota law, explains official resources, and provides practical action steps for those facing water bill problems.

Who Is Responsible for Paying the Water Bill?

In South Dakota, your lease or rental agreement outlines who is responsible for utilities, including water. If the agreement states the tenant pays, you are generally responsible for direct charges. If not, or if the water is included in rent, the landlord is usually responsible. Review your rental agreement carefully for utility clauses.

Understanding “Submetering” and Direct Billing

Some apartments use separate meters (“submetering”) to track usage for each unit. In these cases, landlords may bill tenants for their own water use. South Dakota law requires that any such arrangement be clearly stated in your lease.

Common Reasons for Water Bill Disputes

Unusually high water bills without clear explanation
No written agreement about who pays the bill
Disputes over charges for previous tenants
Water shut-off threats for unpaid charges

Reviewing these situations can help you decide your next steps.

How to Resolve a Water Bill Dispute

Review your lease: Look for language about who pays utilities and how water is billed.
Talk to your landlord: Open communication can resolve misunderstandings quickly.
Request documentation: Ask to see bills, meter readings, or statements to verify charges.
Contact the local water utility: Utilities can clarify usage records or bill origins.
Seek written agreement: Request all decisions or clarifications in writing, especially if arrangements change.
If all else fails, consider mediation or small claims: Official dispute resolution is available if informal efforts fail. See below for forms and tribunals.

Tip: Always keep copies of your lease, water bills, and any written communications with your landlord or property manager for your records.

Official Forms and Where to Use Them

South Dakota Small Claims Complaint (Form UJS-216):
- When to use: If you’re unable to resolve a dispute with your landlord over water bills, you can file a claim in Small Claims Court to recover overpaid amounts or resolve liability.
- Example: A renter who was charged for two months of water service after moving out might use this form to seek reimbursement.
- Download South Dakota Small Claims Complaint Form (UJS-216)

Where to File and Get Help

Water bill disputes between landlords and tenants in South Dakota can be escalated to the South Dakota Unified Judicial System (Small Claims Court), as South Dakota does not have a separate landlord-tenant tribunal. The best first step is to try informal solutions before filing a formal complaint.

Relevant Tenancy Laws for Renters

The main law covering rental relationships in South Dakota is found in South Dakota Codified Laws, Title 43, Chapter 32 (Landlord and Tenant). It covers:

Landlord and tenant responsibilities
Utility rights and habitability requirements
Procedures for rent, deposits, and notices

While South Dakota law does not specifically outline rules for utility billing, general obligations require landlords to maintain habitable premises and to honor written agreements.¹

Tenant Action Steps for Water Bill Disputes

Follow these steps to challenge or clarify a water bill issue:

Collect copies of your lease and any water bills in question
Write to your landlord with a clear explanation of your concern
Request supporting documents (meter readings, previous bills, etc.)
Document all communications in writing
If unresolved, consider filing a Small Claims Complaint (UJS-216) through your local courthouse or online
Prepare your documents and statements for your court date

Most disputes can be resolved without going to court, but the option is there if negotiations break down.

Frequently Asked Questions

Can my landlord charge me for the whole building’s water usage?
No—unless your lease specifically allows for dividing a master meter bill among tenants. Otherwise, you should only be charged for your individual use as outlined in your lease.
Is there a government agency in South Dakota that handles water bill complaints for renters?
South Dakota does not have a specialized board for landlord-tenant issues, but the Unified Judicial System Small Claims Court can help settle disputes.
What if I am threatened with water shut-off due to someone else’s unpaid bills?
Contact your water utility and notify your landlord in writing. If you are not responsible for the charges, provide evidence, and seek mediation or legal help if needed.
My landlord didn’t include water service terms in my lease. Am I responsible?
If the lease is silent, state law may interpret this as the landlord’s responsibility. Review your agreement, and consult the South Dakota Landlord-Tenant Laws, or contact Small Claims Court for guidance.
Can I withhold rent if there’s a dispute over my water bill?
Withholding rent can risk eviction. It’s better to resolve the issue through communication, documentation, and if necessary, court rather than withholding payment.

Key Takeaways for South Dakota Renters

Carefully review your lease to understand water billing and utility responsibility.
Communicate in writing with your landlord and keep detailed records.
Use South Dakota Small Claims Court as a last resort if disputes cannot be resolved informally.

A proactive and informed approach will help you resolve most water bill disputes while protecting your legal rights as a renter.

Need Help? Resources for Renters

South Dakota Unified Judicial System – Find your court and get information on small claims.
South Dakota Department of Social Services: Housing & Renter Information – Resources and guidance for tenants.
South Dakota Attorney General: Landlord/Tenant Rights – Official FAQs and legal support for renters.
South Dakota Landlord and Tenant Laws – Full legislation for your reference.
Consult local legal aid services or tenant counseling for help if you need more assistance navigating water bill disputes.