Tenant Rights for Short-Term Vacation Rentals in South Dakota

If you’re a renter in South Dakota and living in a property used for short-term vacation rentals—like Airbnb, VRBO, or short leases—it’s important to know your rights. Rules can be different from standard rentals, and understanding state law helps you protect yourself during your stay or if issues come up with the owner or manager.

What Counts as a Short-Term Vacation Rental?

In South Dakota, a short-term vacation rental typically refers to a property rented for periods of less than 30 days at a time. These rentals are often listed on online platforms, but can also be directly leased from an owner.

• If your stay is under a month, you are generally protected by holiday accommodation rules, not standard landlord-tenant laws.
• Stays longer than 30 days may provide the same protections as traditional tenancies under state law.

South Dakota does not specifically regulate short-term rentals at the state level, but general rental laws may still apply in some cases.

Your Legal Protections as a Short-Term Renter

South Dakota rental law defines the relationship between landlords and tenants under the South Dakota Codified Laws: Chapter 43-32 – Landlord and Tenant¹. Most sections are designed for leases over 30 days, but if your vacation rental converts to a longer stay, these laws may start to protect you.

• Refund of Deposits: If you paid a security deposit, landlords must follow the law to return it, deducting only for actual damages.
• Right to a Livable Space: All rentals, even short-term, must be safe and sanitary under state health and building codes.
• Notice Before Entry: If the property owner or manager needs to enter (not an emergency), reasonable notice is generally required.

Rent Increases and Early Termination

With most short-term vacation rentals, your rate is set by the contract. If you extend your stay beyond the original agreement, the landlord must provide notice before raising the rent or ending your lease. For rentals becoming month-to-month, refer to SDCL § 43-32-13: Termination and Notice for Month-to-Month Leases¹.

If Problems Arise: Repairs or Unsafe Conditions

• If a health or safety issue arises during your stay (like no heat, plumbing failure, or unsafe structure), contact your landlord in writing immediately.
• For urgent hazards, you can report the issue to your local city or county code enforcement or health department. Find local contact info for South Dakota Environmental Health offices.

There is no specific official state form for reporting rental housing problems, but always keep copies of your communication for your records.

End of Stay: Deposits and Leaving the Unit

When your short-term agreement ends, South Dakota law requires that your security deposit (if collected) be returned within two weeks of moving out, or within 45 days if you request an itemized, written statement of any deductions (SDCL § 43-32-24¹).

• Always provide a forwarding address.
• If your deposit is not returned, you can send a written demand notice to your landlord. There is no special state form, but a letter that includes your details, rental period, and amount owed is usually sufficient.
• If your deposit is still withheld, you may take your claim to small claims court; find guidance at the South Dakota Unified Judicial System’s Small Claims Division.²

Official Tribunal or Board for Renting Issues

South Dakota does not have a statewide landlord-tenant tribunal or board. Issues are handled in local county courts or the South Dakota Unified Judicial System (official resource for tenant disputes).

Summary: What to Expect in a Short-Term Vacation Rental

• Rental contracts matter most: Review your agreement for refund, cancellation, and security deposit terms.
• Local codes apply: You can report health or safety violations if the rental is unsafe.
• Legal protection: Leases over 30 days may be treated as regular tenancies under South Dakota law. Security deposit return rules always apply.

Frequently Asked Questions

1. Do South Dakota landlord-tenant laws apply to vacation rentals?
   Generally, most state tenant protections only apply if you rent for 30 days or more. Shorter stays typically fall under your rental contract, but health and safety regulations and security deposit return rules still apply.
2. What can I do if my vacation rental is unsafe?
   Contact the property owner promptly in writing. If not resolved, report the problem to local city or county code enforcement or health authorities.
3. How do I get my security deposit back from a short-term rental?
   Provide your forwarding address at the end of your stay. If the deposit is not returned within legal deadlines, send a demand letter and, if needed, file a claim with small claims court.
4. What happens if I want to stay longer than planned?
   If your stay extends beyond the contract, once you reach over 30 days, South Dakota’s landlord-tenant law will likely apply, requiring written notice for any rent changes or lease termination.
5. No official form was given for rental complaints. What should I use?
   Use a clear, written letter or email to the landlord detailing the issue, dates, your contact information, and what you’re requesting. Keep copies for your records.

Need Help? Resources for Renters

• South Dakota Unified Judicial System – Small Claims Information
• South Dakota Unified Judicial System – Tenant/Landlord Disputes
• South Dakota Department of Health – Environmental Health (for health/safety complaints)
• U.S. Department of Housing and Urban Development: South Dakota Resources

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1. South Dakota Codified Laws: Chapter 43-32 – Landlord and Tenant
2. South Dakota Unified Judicial System – Small Claims

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