South Dakota state law: no statewide rule on extended home-share or roommate rentals

South Dakota law splits short-term and long-term rentals at the 30-day mark. SDCL Chapter 43-32 (Lease of Real Property) governs residential tenancies and applies to any rental for a definite term. Per SDCL 43-32-13, a tenancy at will may be terminated by either party with at least 30 days notice. Per SDCL 43-32-18, a tenant who fails to pay rent may be served a 3-day notice to pay or quit. These tenancy provisions apply to home-share arrangements that extend beyond 30 days. SDCL Chapter 10-45D (tourism tax) and SDCL Chapter 10-45 (sales tax) apply only to stays of 28 days or less under standard South Dakota Department of Revenue tax bulletins for 'lodging' — stays of 28+ days are treated as residential occupancy and are not subject to state lodging/sales tax. The state does not impose any zoning or permit rule specific to extended home-share. Whether an extended home-share is treated as an STR (subject to local STR rules) or as a residential lease (subject to landlord-tenant law) depends on (a) the duration of stay, (b) the locally adopted definition of 'short-term rental' or 'transient lodging' (typical: less than 28-30 consecutive days), and (c) the host's tax-collection practices. Most South Dakota cities and counties define STR by stay duration and exempt rentals over 30 days from STR registration; some have no STR-specific zoning at all. There is no state cap on the number of unrelated occupants in a home-share — occupancy limits are set by local zoning under SDCL Chapter 11-4 and by the locally adopted IRC/IBC occupant-load standards.

Violations of SDCL Chapter 43-32 landlord-tenant rules (improper notice, unlawful eviction self-help) are enforced in Magistrate or Circuit Court through civil suit, with damages and possible attorney-fee recovery. Operating a stay-under-30-days lodging arrangement without remitting state sales tax (4.2%), tourism tax (1.5%), and applicable municipal taxes is enforced by the South Dakota Department of Revenue under SDCL 10-45-48.1 with assessment, 10% penalty under SDCL 10-59-6, and interest. Local zoning violations are enforced by city or county code enforcement.