🏠 SOUTH DAKOTA · SECURITY DEPOSIT LAW
Security deposits in South Dakota
In South Dakota, S.D. Codified Laws § 43-32-24 gives your landlord twenty-one days after the termination of the tenancy and receipt of your mailing address or delivery instructions to return your security deposit or give you a written statement showing the specific reason for withholding it — and, if you ask, an itemized accounting of any deposit withheld within forty-five days after termination.
The deposit itself is capped at 1 month's rent (S.D. Codified Laws § 43-32-6.1). A landlord who fails to comply forfeits all rights to withhold any portion of the deposit; bad-faith retention, or a bad-faith failure to provide the written statement or itemized accounting, subjects the landlord to punitive damages not to exceed two hundred dollars.
The South Dakota statute
VERIFIED PRIMARY SOURCE
§ S.D. Codified Laws § 43-32-24
S.D. Codified Laws § 43-32-24: "Every lessor of residential premises shall, within twenty-one days after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the security deposit described in § 43-32-6.1 to the tenant or furnish to the tenant a written statement showing the specific reason for withholding the deposit, or any portion of the deposit." "Within forty-five days after termination of the tenancy, upon request of the lessee, the lessor must provide the lessee with an itemized accounting of any deposit withheld." A lessor who fails to comply "forfeits all rights to withhold any portion of the deposit"; bad-faith retention "subjects the lessor to punitive damages not to exceed two hundred dollars." The cap (§ 43-32-6.1): no deposit "in excess of one month's rent except that a larger deposit may be agreed upon between the lessor and the lessee where special conditions pose a danger to maintenance of the premises." Verified against primary statute text (sdlegislature.gov) 2026-09-28.
Read the South Dakota source text →South Dakota deadlines at a glance
| Rule | What South Dakota requires |
|---|---|
| Deadline to return or itemize | 21 days after the tenancy ends and the landlord receives your mailing address or delivery instructions (itemized accounting within 45 days of termination, on request) |
| When the clock starts | When the tenancy ends and the landlord receives your mailing address or delivery instructions — both, not just move-out |
| Maximum deposit | 1 month's rent. A larger deposit may be agreed upon between the lessor and the lessee where special conditions pose a danger to maintenance of the premises (S.D. Codified Laws § 43-32-6.1). |
| If the landlord does not comply | A landlord who fails to comply forfeits all rights to withhold any portion of the deposit; bad-faith retention, or a bad-faith failure to provide the written statement or itemized accounting, subjects the landlord to punitive damages not to exceed two hundred dollars |
| Governing statute | S.D. Codified Laws § 43-32-24 |
The 21 days start only when BOTH the tenancy has ended AND your landlord has received your mailing address or delivery instructions. Within 21 days the landlord must return the deposit or give you a written statement showing the specific reason for withholding it; separately, within 45 days after the tenancy ends, the landlord must give you an itemized accounting of anything withheld if you ask for one. Every figure here is quoted from the South Dakota statute text on the official code site, not a secondary summary. Verified against the primary source →
What security deposits law covers in South Dakota
The deadline, in the statute’s words“Every lessor of residential premises shall, within twenty-one days after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the security deposit described in § 43-32-6.1 to the tenant or furnish to the tenant a written statement showing the specific reason for withholding the deposit, or any portion of the deposit.” (S.D. Codified Laws § 43-32-24)
Itemized accounting, on request“Within forty-five days after termination of the tenancy, upon request of the lessee, the lessor must provide the lessee with an itemized accounting of any deposit withheld.” (S.D. Codified Laws § 43-32-24)
The deposit cap, in the statute’s words“A lessor of residential premises may not demand or receive a security deposit, however denominated, in an amount or value in excess of one month's rent except that a larger deposit may be agreed upon between the lessor and the lessee where special conditions pose a danger to maintenance of the premises.” (S.D. Codified Laws § 43-32-6.1)
If the landlord does not comply“Any lessor of residential premises who fails to comply with this section forfeits all rights to withhold any portion of the deposit. The bad faith retention of a deposit, or any portion of a deposit, by a lessor of residential premises, in violation of this section, or the bad faith failure to provide the written statement or itemized accounting, as required by this section, subjects the lessor to punitive damages not to exceed two hundred dollars.” (S.D. Codified Laws § 43-32-24)
What to do in South Dakota, in order
- Give your landlord your mailing address or delivery instructions in writing and keep proof of when they got it — in South Dakota the 21 days do not start until the tenancy has ended AND the landlord has received it.
- Document the unit on move-out day: video every room, appliance, and wall, and keep the file timestamped.
- Ask in writing for an itemized accounting of anything withheld — under S.D. Codified Laws § 43-32-24 the landlord must provide it within 45 days after the tenancy ends, but only if you ask.
- If 21 days pass after both events with no deposit and no written statement of the specific reason for withholding it, send a demand letter citing S.D. Codified Laws § 43-32-24.
- If the landlord still doesn't pay, South Dakota small claims court handles deposit cases. What the statute provides: a landlord who fails to comply forfeits all rights to withhold any portion of the deposit; bad-faith retention, or a bad-faith failure to provide the written statement or itemized accounting, subjects the landlord to punitive damages not to exceed two hundred dollars.
Common questions about security deposits in South Dakota
How long does my landlord have to return my security deposit in South Dakota?
S.D. Codified Laws § 43-32-24: “Every lessor of residential premises shall, within twenty-one days after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the security deposit described in § 43-32-6.1 to the tenant or furnish to the tenant a written statement showing the specific reason for withholding the deposit, or any portion of the deposit.”
When does the 21-day clock start in South Dakota?
Only when both have happened: the tenancy ends and the landlord receives your mailing address or delivery instructions. Moving out alone does not start it, so send your address in writing and keep proof of when the landlord received it.
Do I get an itemized list of deductions in South Dakota?
If you ask for one. S.D. Codified Laws § 43-32-24: “Within forty-five days after termination of the tenancy, upon request of the lessee, the lessor must provide the lessee with an itemized accounting of any deposit withheld.”
What happens if my South Dakota landlord does not comply?
S.D. Codified Laws § 43-32-24: “Any lessor of residential premises who fails to comply with this section forfeits all rights to withhold any portion of the deposit. The bad faith retention of a deposit, or any portion of a deposit, by a lessor of residential premises, in violation of this section, or the bad faith failure to provide the written statement or itemized accounting, as required by this section, subjects the lessor to punitive damages not to exceed two hundred dollars.”
How much can a landlord charge for a security deposit in South Dakota?
S.D. Codified Laws § 43-32-6.1: “A lessor of residential premises may not demand or receive a security deposit, however denominated, in an amount or value in excess of one month's rent except that a larger deposit may be agreed upon between the lessor and the lessee where special conditions pose a danger to maintenance of the premises.”
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