South Dakota Privacy, Guests & Animal Rules
South Dakota rules on privacy, guests & animals for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No landlord-specific statute, but installing in any private place, without the consent of the persons entitled to privacy there, any device for observing, photographing, recording, amplifying or broadcasting sounds or events — or using such an installation — is a Class 1 misdemeanor; SDCL 22-21-1, 22-21-3, 22-21-4, 23A-35A-20
The rules in South Dakota
| Cameras & privacy | No landlord-specific statute, but installing in any private place, without the consent of the persons entitled to privacy there, any device for observing, photographing, recording, amplifying or broadcasting sounds or events — or using such an installation — is a Class 1 misdemeanor; so is trespassing to subject anyone to surveillance in a private place. Photographing or recording a person without clothing without consent, with intent to self-gratify, harass or invade privacy, is also a crime. Recording a conversation with an eavesdropping device without the consent of a party is a Class 5 felony (one-party consent). SDCL 22-21-4 was amended by SL 2026, ch 104 (adding digitally fabricated images). Wiretap chapter: https://sdlegislature.gov/api/Statutes/23A-35A.html?all=true. A landlord camera inside a tenant's unit without the tenant's consent can fall under § 22-21-1(2). |
|---|---|
| Guests & occupants | No statute on guests vs. tenants, occupancy limits or roommate rights for residential rentals — the lease governs. The landlord's repair duty does not cover disrepair caused by the negligent, willful or malicious conduct of the tenant or a person under the tenant's direction or control. SDCL 43-32-37 et seq. (ejection for exceeding guest-room occupancy limits) applies to hotels, campgrounds and RV parks, not residential tenancies. Local codes may set occupancy limits. Source: SDCL 43-32-8; ch. 43-32 checked |
| Service & support animals (state law) | South Dakota's landlord-tenant statute defines 'service animal' broadly to include emotional support, therapy and assistance animals. When a tenant asserts a disability requiring such an animal as an accommodation, the landlord may require reliable supporting documentation confirming the disability and its relationship to the need, from a licensed health care provider who does not operate in South Dakota solely to certify service or assistance animals. No documentation may be required if the disability or need is readily apparent or already known. If a tenant knowingly makes a false claim or provides fraudulent documentation, the landlord may evict and collect a damage fee of up to $1,000. Enacted SL 2018, ch 259. No state statute on pet fees for assistance animals; under federal fair-housing rules, pet deposits or fees generally cannot be charged for an assistance animal. Source: SDCL 43-32-33 to 43-32-36 |
Related questions
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
South Dakota vs. neighboring states
| State | Cameras & privacy | Guests & occupants | Service & support animals (state law) |
|---|---|---|---|
| South Dakota | No landlord-specific statute, but installing in any private place, without the consent of the persons entitled to privacy there, any device for observing, photographing, recording, amplifying or broadcasting sounds or events — or using such an installation — is a Class 1 misdemeanor; so is trespassing to subject anyone to surveillance in a private place. Photographing or recording a person without clothing without consent, with intent to self-gratify, harass or invade privacy, is also a crime. Recording a conversation with an eavesdropping device without the consent of a party is a Class 5 felony (one-party consent). SDCL 22-21-1, 22-21-3, 22-21-4, 23A-35A-20 | No statute on guests vs. tenants, occupancy limits or roommate rights for residential rentals — the lease governs. The landlord's repair duty does not cover disrepair caused by the negligent, willful or malicious conduct of the tenant or a person under the tenant's direction or control. SDCL 43-32-8; ch. 43-32 checked | South Dakota's landlord-tenant statute defines 'service animal' broadly to include emotional support, therapy and assistance animals. When a tenant asserts a disability requiring such an animal as an accommodation, the landlord may require reliable supporting documentation confirming the disability and its relationship to the need, from a licensed health care provider who does not operate in South Dakota solely to certify service or assistance animals. No documentation may be required if the disability or need is readily apparent or already known. If a tenant knowingly makes a false claim or provides fraudulent documentation, the landlord may evict and collect a damage fee of up to $1,000. SDCL 43-32-33 to 43-32-36 |
| Iowa | No landlord-specific statute. Knowingly viewing, photographing, or filming another person in full or partial nudity, without consent, where the person has a reasonable expectation of privacy, for sexual gratification, is invasion of privacy (an aggravated misdemeanor). Intercepting oral communications is unlawful unless the person is a party or one party consents. The landlord must give at least 24 hours' notice before entry (except emergencies or impracticability), enter at reasonable times, and not use access to harass. Iowa Code §§ 709.21; 808B.2; 562A.19 | No statute — the lease and reasonable landlord rules govern guests, occupancy, and roommates. Tenants may not knowingly permit anyone to damage the premises and must not disturb neighbors' peaceful enjoyment. Iowa Code § 562A.17(6), (7) | Iowa law lets a person with a disability request to keep an assistance or service animal as a reasonable accommodation; the landlord must respond within a reasonable time and in writing. If the disability or need is not readily apparent, the landlord may request supporting information, which may be a licensed provider's written finding stating, among other things, whether a provider-patient relationship (in person or telehealth) has existed for at least 30 days, the expiration date, license number, and whether a separate fee was paid for the finding. Online registrations, ID cards, patches, or certificates are not sufficient. Landlords may not request diagnosis, severity, or medical records; may require proof of licensure and vaccination; and may deny for undue hardship, fundamental alteration, direct threat, or substantial property damage. Tenants are liable for damage caused by the animal. Intentionally misrepresenting an animal as a service animal is a simple misdemeanor. Iowa Code §§ 216.8B; 216.8C; 216C.11(3) |
| Minnesota | No landlord-specific statute. It is a gross misdemeanor to enter another's property and secretly install or use a device to observe, photograph or record through the window or other opening of someone's home, with intent to intrude on a household member's privacy. It is also a gross misdemeanor to secretly use such a device in places like hotel sleeping rooms and other places where people reasonably expect privacy while exposed. Recording conversations is legal if the recorder is a party or one party consents (one-party consent). Minn. Stat. § 609.746, subd. 1; § 626A.02, subd. 2(d) | No statute on guests versus tenants, occupancy limits or roommate rights — the lease governs. By statute, a landlord generally cannot evict or end a lease because of a tenant's, household member's or guest's conduct OFF the premises and curtilage, unless it is a crime of violence against another tenant, a guest, the landlord or staff, or results in a conviction for such a crime. Minn. Stat. § 504B.171, subd. 2a; ch. 504B (checked) | A landlord may require documentation from a licensed professional (doctor, PA, nurse, psychologist, mental health professional, social worker or counselor, including out-of-state licensees with an existing treatment relationship) confirming the disability and the need for a service or support animal. This is not allowed when the need is obvious or already known. Online certification businesses don't qualify. Landlords can't demand medical records. No extra fee, charge or deposit may be charged for a service or support animal, though the tenant is liable for damage. A landlord with a pet fee policy must disclose this ban in the lease. Tenants may not knowingly misrepresent a disability or provide fraudulent documentation; if they do, the landlord may deny the application or animal request. Minn. Stat. § 504B.113 |
| Montana | No landlord-specific camera statute. It is a crime to hide, wait, or loiter in person or by remote electronic device in or near a residence to surreptitiously watch, observe, or record occupants without their knowledge. Landlord entry generally requires 24 hours' notice and may not be used to harass the tenant. Mont. Code Ann. §§ 45-5-223, 70-24-312 | No statute — lease governs. The tenant must require persons on the premises with the tenant's consent to behave so as not to disturb neighbors, and is responsible for damage by family, licensees, or invitees. Mont. Code Ann. §§ 70-24-321(1)(f), (2); 70-25-101(2) | A person with a disability with a service animal has full and equal access to housing and may not be charged extra for it, but is liable for damage the animal causes. 'Service animal' means a dog or miniature horse individually trained to assist a person with a disability and expressly excludes emotional support animals. Misrepresenting a service animal can lead to removal and, after a prior written warning, a misdemeanor ($50 first offense; up to $1,000 for third or later). No state statute sets documentation rules for emotional support animals in housing. Mont. Code Ann. §§ 49-4-203(2), 49-4-214(1)-(2), 49-4-221, 49-4-222 |
| Nebraska | No landlord-specific camera statute. It is a crime to knowingly intrude on a person without consent in a place of solitude or seclusion, or to photograph, film, or record a person's intimate area without knowledge and consent. Landlord entry generally requires 24 hours' written notice stating the purpose and time window, and may not be used to harass. Neb. Rev. Stat. §§ 28-311.08, 76-1423 | No statute — lease governs. The tenant may not knowingly permit any person to damage the premises and must use the premises reasonably. Neb. Rev. Stat. § 76-1421 | A person with a disability who has a service animal is entitled to full and equal access to housing; the landlord may not charge extra compensation or an additional deposit for the animal, but the tenant is liable for damage it causes. No state statute addresses emotional support animal documentation or penalizes misrepresentation in housing. Separately, a pet deposit (for pets) may not exceed one-fourth of one month's rent. Neb. Rev. Stat. §§ 20-131.01 to 20-131.04; § 76-1416(1) |
| North Dakota | No landlord-specific statute. Criminal laws apply: surreptitiously installing or using a device to observe, photograph or record events from another's dwelling, or from a place where a person has a reasonable expectation of privacy and may be undressed, with sexual intent, is surreptitious intrusion (class A misdemeanor; felony for repeat offenses or minor victims). Intercepting oral or wire communications without a party's consent is a class C felony (one-party consent). N.D.C.C. §§ 12.1-20-12.2, 12.1-15-02 | No statute on guests vs. tenants, occupancy limits or roommate rights — the lease governs. Tenants must make persons on the premises with their consent behave so as not to disturb neighbors, and are liable for guest-caused damage. A landlord may not rent the same room as a dwelling to more than one family (double letting). N.D.C.C. §§ 47-16-13.2(6)-(7), 47-16-07.1(3)(a), 47-16-26 | If a rental has a no-pets policy and a tenant asks for a service or assistance animal as a disability accommodation, the landlord may require reliable supporting documentation confirming the disability and the disability-related need, from a physician or medical professional who does not operate in North Dakota solely to certify assistance animals. No documentation may be required if the disability or need is readily apparent or already known. Knowingly making a false disability claim or providing fraudulent documentation is an infraction; after a guilty plea or conviction the landlord may evict and collect a damage fee of up to $1,000. Pet deposits (capped at the greater of $2,500 or two months' rent) may not be charged for a service or companion animal needed as a reasonable accommodation. N.D.C.C. §§ 47-16-07.5, 47-16-07.6, 47-16-07.1(2) |
| Wyoming | No landlord-specific statute. Voyeurism — clandestinely viewing without consent into an area where a person has a reasonable expectation of privacy (including restrooms, baths, showers, dressing rooms and bedrooms) — is a misdemeanor (up to 6 months and $750); capturing images with a camera or other recording device in such circumstances is a felony (up to 5 years and $5,000). Wyoming is a one-party consent state for audio interception. W.S. 6-4-304; 7-3-702 | No statewide occupancy limit. The renter may not increase the number of occupants above the number specified in the rental agreement without the owner's written permission. Otherwise the lease governs guests; the owner need not repair damage caused by guests' misuse, and the renter must remove property left by guests before the tenancy ends. W.S. 1-21-1204(a)(v), (viii); 1-21-1203(c) | A person may not be discriminated against in renting residential property because the person has an assistance animal, which must be permitted in accordance with the federal Fair Housing Act; the person is liable for damage the animal causes. 'Assistance animal' includes an animal that provides emotional support alleviating symptoms or effects of a disability. Knowingly and intentionally misrepresenting an animal as a service or assistance animal to obtain these rights is a misdemeanor (fine up to $750); interfering with these rights is also a misdemeanor (fine up to $750). No state-specific documentation rules — federal Fair Housing Act standards apply. W.S. 35-13-201(c); 35-13-203; 35-13-205 (definitions) |
City rules that may add to state law
More South Dakota rental law
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- South Dakota Repairs & Tenant Remedies
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- All South Dakota landlord-tenant rules
- Free legal help in South Dakota
Compare privacy, guests & animals in all 50 states and DC →
South Dakota Privacy, Guests & Animal Rules FAQ
Can a landlord put cameras in or around a rental in South Dakota?
No landlord-specific statute, but installing in any private place, without the consent of the persons entitled to privacy there, any device for observing, photographing, recording, amplifying or broadcasting sounds or events — or using such an installation — is a Class 1 misdemeanor; so is trespassing to subject anyone to surveillance in a private place. Photographing or recording a person without clothing without consent, with intent to self-gratify, harass or invade privacy, is also a crime. Recording a conversation with an eavesdropping device without the consent of a party is a Class 5 felony (one-party consent). (SDCL 22-21-1, 22-21-3, 22-21-4, 23A-35A-20)
Can a landlord limit guests or roommates in South Dakota?
No statute on guests vs. tenants, occupancy limits or roommate rights for residential rentals — the lease governs. The landlord's repair duty does not cover disrepair caused by the negligent, willful or malicious conduct of the tenant or a person under the tenant's direction or control. (SDCL 43-32-8; ch. 43-32 checked)
Can a landlord deny a service or emotional support animal in South Dakota?
South Dakota's landlord-tenant statute defines 'service animal' broadly to include emotional support, therapy and assistance animals. When a tenant asserts a disability requiring such an animal as an accommodation, the landlord may require reliable supporting documentation confirming the disability and its relationship to the need, from a licensed health care provider who does not operate in South Dakota solely to certify service or assistance animals. No documentation may be required if the disability or need is readily apparent or already known. If a tenant knowingly makes a false claim or provides fraudulent documentation, the landlord may evict and collect a damage fee of up to $1,000. (SDCL 43-32-33 to 43-32-36)
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.