Deposit laws by state › South Dakota
State law · South Dakota
South Dakota security deposit law
How long your landlord has to return your deposit, what they can deduct, and what happens if they get it wrong.
Short answer: Within 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions, the landlord must return the deposit or give a written statement of the reasons for keeping any of it.
How long does a landlord have to return a security deposit in South Dakota?
- Return deadline
- Within 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions, the landlord must return the deposit or give a written statement of the reasons for keeping any of it.S.D. Codified Laws § 43-32-24
- Itemized list
- The written statement is due within the same 21 days. If the tenant asks, a full itemized accounting is due within 45 days after the tenancy ends.S.D. Codified Laws § 43-32-24
- Forwarding address
- The 21 days start only once the landlord has the tenant's mailing address or delivery instructions.S.D. Codified Laws § 43-32-24
Prefer a full page? Use the security deposit deadline calculator.
What happens if a South Dakota landlord misses the deadline?
- If the landlord misses it
- A landlord who fails to comply forfeits all rights to withhold any portion of the deposit.S.D. Codified Laws § 43-32-24
- Penalty
- A landlord who keeps deposit money in bad faith, or fails in bad faith to provide the statement or accounting, can owe punitive damages of up to $200.S.D. Codified Laws § 43-32-24
Penalties that depend on bad faith or willfulness are possible, not automatic. Only a judge can make that finding.
What can a South Dakota landlord deduct from your deposit?
What can be deducted: Only amounts reasonably necessary for unpaid rent or other money due, and restoring the premises (ordinary wear and tear excepted). (S.D. Codified Laws § 43-32-24)
Normal wear and tear: Ordinary wear and tear is excepted. (S.D. Codified Laws § 43-32-24)
What the itemized list must include: A written statement of the specific reason for withholding, and on request an itemized accounting within 45 days. (S.D. Codified Laws § 43-32-24)
More on common charges: normal wear and tear, cleaning, painting, and a missing itemized list.
Is there a limit on security deposits in South Dakota?
A landlord may not demand or receive a deposit of more than one month's rent. (S.D. Codified Laws § 43-32-6.1)
A larger deposit is allowed if both sides agreed to it because special conditions pose a danger to the upkeep of the unit.
Taking a deposit case to small claims court in South Dakota
Small-claims limit: South Dakota small claims covers claims of $12,000 or less. (S.D. Codified Laws § 16-12C-13)
Most deposit disputes never get that far. A clear demand letter, sent by certified mail, often settles them first.
What to do if your South Dakota landlord kept your deposit
- Pin down your dates. When you moved out, returned the keys, and gave a forwarding address in writing. Compare them with the deadline above.
- Gather your evidence. Move-in and move-out photos, the lease, the landlord's list of deductions, receipts and messages. The case checklist covers what matters.
- Send a demand letter by certified mail. Ask for the money, cite South Dakota's rules, and give a deadline to pay. What a demand letter does.
- If they still don't pay, consider small claims court. You don't need a lawyer there.
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Sources
These rules come from the same verified table the Demand Letter Companion uses, checked against the sources below on October 25, 2026. Laws change; check the current official text before relying on a date.
- S.D. Codified Laws § 43-32-24: sdlegislature.gov
- S.D. Codified Laws § 16-12C-13: ujs.sd.gov
- S.D. Codified Laws § 43-32-6.1: sdlegislature.gov
Other states: see the guides for all 50 states and DC
This page is general legal information, not legal advice. Local ordinances can add rules, and your lease and facts matter. For advice about your situation, consult a licensed attorney in South Dakota.