South Dakota · Security deposits · Updated Oct 2026

South Dakota security deposit law

How much a landlord in South Dakota can charge, the deadline to return a deposit, what may be deducted, the penalty for keeping it wrongly and how to get yours back.

Short answer

In South Dakota, the deposit limit is: One month's rent. The landlord must return it as follows: Within 21 days after the tenancy ends and the landlord receives your mailing address or delivery instructions, the landlord must return the deposit or give you a written statement of the specific reasons for keeping any of it.

deposit limit
1 month's rent (with exceptions)
to return a deposit
21 days
deposit penalty
See below

Security deposit in South Dakota

Limit
One month's rent. A larger deposit is allowed only if you agree and special conditions pose a danger to the upkeep of the home (for example, a pet).
Deadline to return it
Within 21 days after the tenancy ends and the landlord receives your mailing address or delivery instructions, the landlord must return the deposit or give you a written statement of the specific reasons for keeping any of it. Give your mailing address in writing.
Itemized list
Yes, in two steps. A written statement of specific reasons within 21 days. If you ask, an itemized accounting within 45 days after the tenancy ends. A landlord who doesn't follow these rules loses the right to keep any of the deposit. Receipts are not required by the law.
What may be deducted
Only amounts reasonably necessary to cover unpaid rent and other money owed under your agreement, and to restore the home to its move-in condition, minus ordinary wear and tear.
Interest
No statute requires interest.
If the landlord keeps it wrongly
The landlord forfeits the right to keep any part of the deposit if the rules aren't followed. Bad-faith withholding, or bad-faith failure to give the statement or accounting, adds punitive damages of up to $200.
Law
SDCL 43-32-6.1, 43-32-24

Get your deposit back, step by step

  1. Before you move out, clean, take dated photos and video of every room, and return all keys.
  2. Give your landlord your new address in writing. In South Dakota: Within 21 days after the tenancy ends and the landlord receives your mailing address or delivery instructions, the landlord must return the deposit or give you a written statement of the specific reasons for keeping any of it.
  3. Wait for the deadline: Within 21 days after the tenancy ends and the landlord receives your mailing address or delivery instructions, the landlord must return the deposit or give you a written statement of the specific reasons for keeping any of it.
  4. If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
  5. If that doesn't work, sue in small claims court. Limit: $12,000. Small claims court in South Dakota on Small Claims Map

Deposit return calculator for South Dakota

Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed. Nothing you type here is sent anywhere.

Enter your deposit and move-out dateThe result appears as you type.

An estimate from the dates you enter and the rule in our data, not legal advice. We skip weekends only where the rule counts business days, and we don't skip holidays.

Security deposit demand letter for South Dakota

A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.

Your letter is made in your browser. Nothing you type is sent to us or anyone else.

The name on your lease or rent receipts.

We suggest 14 days.

One or two sentences. This text goes into the letter as written.

Small claims court in South Dakota

Deposit disputes usually go to small claims court, where you don't need a lawyer. Limit: $12,000.

How to file in South Dakota

Questions about security deposits in South Dakota

How much can a landlord charge for a security deposit in South Dakota?

One month's rent. A larger deposit is allowed only if you agree and special conditions pose a danger to the upkeep of the home (for example, a pet).

How long does a landlord have to return a security deposit in South Dakota?

Within 21 days after the tenancy ends and the landlord receives your mailing address or delivery instructions, the landlord must return the deposit or give you a written statement of the specific reasons for keeping any of it. Give your mailing address in writing.

What can I do if my landlord won't return my deposit in South Dakota?

The landlord forfeits the right to keep any part of the deposit if the rules aren't followed. Bad-faith withholding, or bad-faith failure to give the statement or accounting, adds punitive damages of up to $200.

What can a landlord deduct from a security deposit in South Dakota?

Only amounts reasonably necessary to cover unpaid rent and other money owed under your agreement, and to restore the home to its move-in condition, minus ordinary wear and tear.

Does a landlord have to pay interest on a security deposit in South Dakota?

No statute requires interest.

What is the small claims limit in South Dakota?

$12,000.

More for South Dakota renters

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Sources

Last checked: Oct 2026.