Roommate Agreement in South Dakota

An agreement between roommates on rent shares, bills, chores and moving out. It is a contract between you — it does not change your lease with the landlord.

What South Dakota law says

Removing a roommate or subtenant	No roommate-specific statute. A forcible entry and detainer (eviction) action is available when a lessee, in person or through subtenants, holds over after the lease ends or fails to pay rent for three days after it is due. The lessee, subtenant, or party in possession must be served. A periodic hiring with no fixed term is ended by notice given at least as long before its end as the rental period, up to one month. Notice rule: https://sdlegislature.gov/api/Statutes/43-32.html?all=true. Whether a tenant can bring the case against a roommate depends on whether the roommate is the tenant's subtenant. Source: SDCL 21-16-1(4), 21-16-6; 43-32-15

Removing a roommate or subtenant

No roommate-specific statute. A forcible entry and detainer (eviction) action is available when a lessee, in person or through subtenants, holds over after the lease ends or fails to pay rent for three days after it is due. The lessee, subtenant, or party in possession must be served. A periodic hiring with no fixed term is ended by notice given at least as long before its end as the rental period, up to one month.

Notice rule: https://sdlegislature.gov/api/Statutes/43-32.html?all=true. Whether a tenant can bring the case against a roommate depends on whether the roommate is the tenant's subtenant.

Source: SDCL 21-16-1(4), 21-16-6; 43-32-15

Fill it in

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ROOMMATE AGREEMENT for [rental address]

Roommates: [roommate names]

Rent: total $[total rent] per month. Shares: [each roommate's share]. Each share is paid to [who pays the landlord] by [due date].

Security deposit paid by each roommate: [deposit shares]. When someone moves out, their share is returned [how and when].

Utilities and internet: [how bills are split and who holds each account].

Rooms and shared spaces: [who has which room; shared areas].

Cleaning and chores: [chore plan]. Quiet hours: [quiet hours]. Guests: [overnight guest limits].

Moving out: a roommate who leaves gives [notice period] written notice to the others and [finds a replacement approved by the landlord / pays their share until the lease ends].

Disputes: we will first try to talk it out, then [mediation or small claims court].

Signatures and dates: [signatures]

Roommate Agreement for other states · South Dakota tenant rights

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.