Security Deposit Laws in South Dakota

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

Under S.D. Codified Laws §§ 43-32-6.1, 43-32-24, a landlord in South Dakota has 14 days after you move out to either return your full security deposit or provide an itemized statement of deductions along with any remaining balance.

Important South Dakota-specific details

Cap: 1 month's rent unless special conditions (e.g., risks to the premises) justify a higher amount agreed to in writing. Two-step return process: within 2 weeks after tenant vacates + provides forwarding address, landlord returns deposit OR sends statement of reasons for withholding. Upon tenant's REQUEST, landlord must provide full itemized accounting within 45 days of tenancy termination.

What happens if the landlord misses the deadline in South Dakota?

Missing the deadline has real consequences for landlords in South Dakota. Under the statute, the penalty is: Failure to follow the procedure forfeits all rights to withhold any portion of the deposit. Bad-faith retention (including failure to provide the written statement or itemized accounting) subjects landlord to punitive damages up to $200.

In practice, this means if your landlord doesn't return the deposit (or a proper itemized statement) within 14 days, you likely have a strong case in small claims court.

What can the landlord legally deduct from your deposit in South Dakota?

South Dakota law generally allows landlords to deduct for:

• Unpaid rent
• Damage to the unit beyond normal wear and tear — holes in walls, broken fixtures, stains, pet damage
• Cleaning costs, if the unit is left noticeably dirtier than at move-in
• Breach-of-lease costs, such as early termination fees where legally permitted

Landlords cannot deduct for normal wear and tear — faded paint, worn carpet from regular use, minor scuffs, or small nail holes from hanging pictures.

Calculator: check your deposit situation

Enter your move-out date and deposit amount below to see exactly when your landlord's deadline is — and whether they've already missed it.

What to do if your landlord won't return your deposit in South Dakota

1. Send a demand letter by certified mail. Cite S.D. Codified Laws §§ 43-32-6.1, 43-32-24 and the amount owed. Keep a copy and the delivery receipt.
2. Give the landlord a reasonable response window — typically 7 to 14 days after the demand letter.
3. File in small claims court. In most states you can sue for up to $5,000–$10,000 without a lawyer. Filing fees are usually $30–$75 and often recoverable as costs.
4. Bring evidence. Lease, move-in and move-out photos, the demand letter, proof of delivery, and any communications with the landlord.

For a complete walkthrough, see our guide: What to Do If Your Landlord Won't Return Your Security Deposit.