South Dakota · Security deposits · Updated Oct 2026
South Dakota security deposit law
In South Dakota, your landlord has 21 days to return your deposit.
Checked against official sources: Oct 23, 2026
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
Get your deposit back, step by step
- Before you move out, clean, take dated photos and video of every room, and return all keys.
- 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.
- 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.
- If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
- If that doesn't work, sue in small claims court. Limit: $12,000. Small claims court in South Dakota on RobinClaim
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.
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.
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
- 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.
Small claims court in South Dakota
Deposit disputes usually go to small claims court, where you don't need a lawyer. Limit: $12,000.
More for South Dakota renters
- All South Dakota tenant rights
- Repairs: South Dakota
- Eviction: South Dakota
- Security deposit laws by state (2026)
- Guide: how to get your security deposit back
Security deposit in nearby states
Sources
- SDCL 43-32-6.1, 43-32-24
- SDCL chapter 21-16 Forcible Entry and Detainer
- SDCL chapter 43-8 (estate at will notice)
- SD UJS: Eviction Forms and Instructions
- East River Legal Services
Checked against official sources: Oct 23, 2026