Can my landlord charge a fee just for having overnight guests?

No. South Dakota law doesn't permit landlords to charge fees solely for having guests visit or stay overnight. However, your landlord can enforce lease terms that define when someone stops being a "guest" and becomes an unauthorized occupant, which is different from a simple fee.

How long can a guest stay before my landlord can evict them?

There's no fixed number of days in South Dakota law, but most landlords consider stays over 14 consecutive days or 30 days in a calendar year as potential lease violations. Once your landlord gives you a 3-day written notice to cure, you have 3 days to remove the person or face eviction filing.

What happens if my landlord tries to lock me out because of a guest?

That's an illegal "self-help" eviction under South Dakota law. Your landlord must use the court system and follow proper eviction procedures. If they lock you out without court order, you may have a claim for damages and could potentially recover moving costs and other losses.

Landlord Guest Policy Rules in South Dakota

The Big Misconception About Guest Policies in South Dakota

Here's the thing: most tenants believe their landlord can ban overnight guests altogether or charge a guest fee just for having someone stay over. That's not quite how South Dakota law works. Your landlord does have the right to set reasonable rules about guests, but those rules can't be so restrictive that they violate your quiet enjoyment of the rental property or contradict state tenant law.

The short answer is that South Dakota doesn't have a specific statute that spells out exactly how many guests you can have or for how long. Instead, courts look at what's "reasonable" based on the lease agreement, the nature of the tenancy, and whether the landlord's rules are being enforced fairly.

What Your Lease Actually Controls

Your lease is the first place your landlord's guest rules live. Most standard leases include language about occupancy limits and guest policies. South Dakota courts respect lease terms that both parties agreed to upfront, so whatever guest restrictions your landlord wrote down matters.

That said, your lease can't contradict South Dakota Codified Laws § 43-32-1 through § 43-32-30, which outline tenant rights and landlord responsibilities. If your lease says you can have zero overnight guests ever, that's probably not enforceable because it unreasonably interferes with your right to quiet enjoyment of the premises. But if your lease says guests can't stay more than 14 consecutive days or 30 days total per year, that's generally reasonable and binding on you.

Practical tip: Before you sign, read your lease's occupancy and guest sections carefully. Ask your landlord to clarify what "frequent guests" means or what constitutes an "unauthorized occupant." Get answers in writing.

The Timeline for When a Guest Becomes a Problem

This is where deadlines actually matter. South Dakota law doesn't define exactly when a guest stops being a "guest" and becomes an "unauthorized occupant" or de facto tenant. However, landlords and courts look at these factors: How long has the person been staying? Are they paying any rent or utilities? Do they have a key? Are they receiving mail there?

Most landlords consider someone a guest if they're staying fewer than 14 consecutive days without contributing to rent or utilities. Once someone exceeds 30 days in a calendar year, or stays 14+ consecutive days without permission, your landlord can argue they've become an occupant and may violate lease terms. At that point, your landlord can start the eviction process if they want to remove the guest.

Here's what matters timeline-wise: Your landlord must give you written notice before filing for eviction under South Dakota Codified Laws § 43-32-13. For a lease violation (like unauthorized occupants), they typically must give you 3 days to cure the violation after delivering written notice. If you don't remove the guest within those 3 days, they can file for eviction in magistrate court.

Real talk — that 3-day notice period moves fast. If your landlord delivers a written notice on a Monday about an unauthorized guest, you've got until Thursday to address it or they can file paperwork the next day.

Guest Fees and Other Restrictions

Can your landlord charge a "guest fee" just for having someone visit? Not really. South Dakota doesn't allow landlords to charge additional fees for ordinary guest visits. However, if a guest is staying so long that they're effectively occupying the unit and increasing utilities or wear and tear, a landlord might argue that's a lease violation rather than a "guest" situation.

Some landlords try to charge fees for pets that guests bring, overnight parking for guest vehicles, or additional cleaning after extended guest visits. These aren't technically "guest fees," but they're restrictions on how you can use your rental property. (More on this below.) If your lease permits them, they're enforceable. If they're not in your lease and your landlord tries to impose them anyway, South Dakota Codified Laws § 43-32-12 says landlords can't increase rent or fees unless they give you 30 days' written notice and follow proper procedures.

Practical tip: If your landlord suddenly announces a new guest policy or fee, request that notice in writing and verify the 30-day timeline has been met before you pay anything.

Your Rights if Your Landlord Overreaches

If your landlord tries to evict you for having guests when your lease doesn't actually prohibit it, or when you're within reasonable limits, you have defenses. You can fight the eviction in magistrate court and argue the lease term is either missing or vague, or that your conduct was reasonable under the circumstances.

South Dakota also protects tenants against "self-help" evictions. Your landlord can't change the locks, remove your belongings, or shut off utilities to force a guest out. They must go through the court system. If they try self-help, you might have a counterclaim for damages.

What to Do Right Now

Pull out your lease and find the guest policy section. If it's vague, email your landlord asking for clarification about guest limits and timelines. Keep that email conversation. If you're about to have an extended guest stay, give your landlord a heads-up in writing beforehand. If your landlord hands you a 3-day notice about an unauthorized occupant, don't ignore it—respond in writing within 48 hours either removing the person or explaining why they're not a violation of your lease. And if you're facing eviction over a guest, contact South Dakota's Tenant Advocacy Project or a local legal aid office immediately, because the eviction timeline in court is tight.