South Dakota Roommate Arrangement
A South Dakota room rental agreement, commonly referred to as a roommate agreement, is a legally binding contract among co-tenants sharing a residential rental property. This agreement outlines the responsibilities and terms of the living arrangement, ensuring that all parties understand their obligations.
South Dakota Roommate Arrangement
Roommate Agreement Basics
A South Dakota roommate agreement should include the following essential elements:
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Parties Involved: Clearly identify the individuals entering into the agreement, the property location, and the landlord’s information, including current contact details for all signatories.
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Lease Term: Specify the duration of the existing lease and the length of the roommate agreement.
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Security Deposit: Discuss how the security deposit will be divided among the roommates and outline the rules for its return or any deductions.
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Rent Payment: State the total rent amount and detail how it will be split among the roommates.
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Utility Payments: Determine how utility payments will be divided and specify who is responsible for making these payments to the utility companies.
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Lease Violations: Establish rules for handling violations of the lease or roommate agreement and outline procedures for when a roommate needs to move out early.
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House Rules: List any house rules concerning food, cleaning, guests, and other shared responsibilities.
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Room Assignments: Assign bedrooms and clarify which areas will be shared or private.
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Signatures: Ensure all parties sign and date the agreement, and attach the completed landlord consent form.
Types of Roommate Arrangements
The law recognizes three primary types of roommate situations:
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Co-tenancy: In this arrangement, all roommates sign the original lease with the landlord’s approval. They share equal responsibility for the lease terms and cannot evict one another without landlord intervention.
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Subtenancy: Here, the original tenant acts as the landlord to the subtenant, collecting rent and addressing rental issues. The original tenant typically has the authority to evict the subtenant for misconduct. Subleasing usually requires landlord permission.
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At-Will Tenancy / Guest Tenancy: This informal arrangement allows either party to terminate the agreement at any time. The landlord may or may not have consented to this arrangement, and the original tenant can often demand the guest leave.
Lease Violations in Roommate Situations
In co-tenancy arrangements, roommates are “jointly and severally liable” for the lease terms. This means that any co-tenant can be held fully responsible for lease violations, allowing the landlord to seek full payment from any roommate if another fails to pay their share. If a roommate has not signed the original lease and the landlord has not consented to the roommate agreement, the original tenant is liable for any violations committed by the roommate.
Resolving Roommate Disputes in South Dakota
In the event of disputes, the original lease takes precedence over the roommate agreement. House rules regarding shared responsibilities may not be enforceable in court. Roommates with disagreements unrelated to the lease may consider mediation or arbitration through a neutral third party.
Statutes
- S.D. Codified Laws Ann. §§ 43-32-6.1 – Maximum security deposit for residential premises-Larger deposit by mutual agreement
- S.D. Codified Laws Ann. §§ 43-32-24 – Return of security deposit after termination of tenancy-Withholding-Itemized accounting-Forfeiture of withholding rights-Punitive damages
- S.D. Codified Laws Ann. §§ 43-32-12 – Time for payment of rent-Agricultural and wildland-Lodging-Termination of hiring
- S.D. Codified Laws Ann. §§ 43-32-13 – Modification of lease-Written notice by landlord, effect-Termination by tenant
- S.D. Codified Laws Ann. §§ 57A-3-421 – Collection costs and expenses-Liability of issuer of dishonored check
- S.D. Codified Laws Ann. §§ 43-32-9 – Failure of lessor to repair premises-Lessee’s remedies
- S.D. Codified Laws Ann. §§ 43-32-22(1) – Termination of lease-Agreed term-Mutual consent-Acquisition of superior title by tenant
- S.D. Codified Laws Ann. §§ 43-32-5 – Lease of real property for more than one year-Written contract necessary
- S.D. Codified Laws Ann. §§ 43-32-13 – Modification of lease-Written notice by landlord, effect-Termination by tenant
- S.D. Codified Laws Ann. §§ 43-32-15 – Renewal of hiring of real property presumed unless notice given of termination
- S.D. Codified Laws Ann. §§ 21-16-1(7) – Grounds for maintenance of action
- S.D. Codified Laws Ann. §§ 21-16-1(4) – Notice of Termination for Nonpayment
- S.D. Codified Laws Ann. §§ 43-32-18 – Termination of lease by landlord before end of agreed term-Use of premises by tenant contrary to agreement-Neglect of tenant to make repairs
- S.D. Codified Laws Ann. §§ 43-32-32 – Reasonable notice of landlord’s intent to enter-Contents
- S.D. Codified Laws Ann. §§ 43-32-8 – Residential lessor to keep premises in repair-Disrepair caused by lessee-Agreements for repairs in lieu of rent-Liability to third persons unaffected
- S.D. Codified Laws Ann. §§ 43-32-10 – Preservation of premises by lessee
- S.D. Codified Laws Ann. §§ 43-32-27 – Cause of action against lessor for retaliatory conduct
- S.D. Codified Laws Ann. §§ 43-32-28 – Retaliatory conduct-Remedies-Attorney’s fees
- S.D. Codified Laws Ann. §§ 43-32-30 – Disclosure of knowledge of existence of prior manufacturing of methamphetamines
- S.D. Codified Laws Ann. §§ 43-32-25 – Small amount of tenant’s property left on premises presumed abandoned-Disposal by lessor
- S.D. Codified Laws Ann. §§ 43-32-26 – Storage of tenant’s valuable property left on premises-Lien-Disposal as abandoned after waiting period
- S.D. Codified Laws Ann. § 16-12C-13 – Jurisdiction-Noncontested proceedings with limited damage amount
- S.D. Codified Laws Ann. § 21-16-3 – Jurisdiction of courts
- S.D. Codified Laws Ann. §§ 15-2-13(1) – Contract obligation or liability-Statutory liability-Trespass-Personal property-Injury to noncontract rights-Fraud-Setting aside corporate instrument
FAQs
A South Dakota roommate agreement is a written contract among tenants sharing a residential rental property. It outlines the responsibilities and rules for co-tenants, ensuring that all parties understand their obligations under the lease.
Key components of a South Dakota room rental agreement include the identification of parties involved, lease term duration, security deposit arrangements, rent distribution, utility payment responsibilities, house rules, and procedures for handling lease violations.
Co-tenancy refers to a situation where all roommates are on the same lease with the landlord, sharing equal responsibility for the lease terms. This means that if one roommate fails to pay rent or violates lease rules, all co-tenants are liable.
In South Dakota, roommates are jointly and severally liable for lease violations, meaning the landlord can pursue any co-tenant for unpaid rent or other lease breaches. If a roommate who hasn’t signed the lease violates terms, the original tenant is responsible.
The roommate agreement should specify the procedures for a roommate moving out early, including any financial responsibilities and how to handle the security deposit. It’s essential to discuss this in advance to avoid disputes.
House rules regarding food sharing, chores, and quiet hours are generally not enforceable in a court of law. The lease takes priority over the roommate agreement in disputes, so it’s important to focus on lease-related issues.
Co-tenancy involves all roommates being on the same lease with equal responsibilities to the landlord, while subtenancy occurs when one tenant rents out part of the property to another, making the original tenant the landlord to the subtenant.
Utility payments should be clearly outlined in the roommate agreement, specifying how costs will be split among roommates and who is responsible for making payments to the utility companies.