South Dakota security deposit demand letter
Ask for your deposit with the South Dakota law behind your request. Download the free PDF or Word template, or fill in your dates and figures below.
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Before sending in South Dakota
Request the full accounting as well as the refund
The 2026 amendment changed the initial return or written-reasons period to 21 days after termination and receipt of your mailing address or delivery instructions. Earlier disputes need the law then in effect.
What records should support deductions?
No receipts, interest, or separate-account requirements in chapter 43-32.
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[Your name] [Your current mailing address] [Date] [Landlord or property manager name] [Address designated for notices] SENT VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED RE: Request for return of security deposit - [rental property address] Dear [Landlord]: I vacated the property on [move-out date] and paid a security deposit of $[deposit amount]. Under S.D. Codified Laws § 43-32-24: Under the 2026 amendment, return the deposit or give specific written reasons for withholding within 21 days after termination and receipt of the tenant's mailing address or delivery instructions. A full itemized accounting is due within 45 days of termination on request. Earlier tenancies may be governed by the former two-week rule. REQUEST Please return $[amount requested] of my deposit to the mailing address above. Please explain any deductions you maintain and provide the itemized statement and supporting records required by the applicable law. If the statutory conditions are met, under S.D. Codified Laws § 43-32-24, noncompliance forfeits your right to withhold any portion of my deposit, and bad-faith retention additionally exposes you to punitive damages of up to $200. Please respond by [response date after any required notice or cure period]. This requested date does not shorten any applicable statutory notice or cure period. If this remains unresolved after the applicable requirements are satisfied, I intend to pursue the remedies available in small claims court. Sincerely, [Your signature] Enclosures: [List the records you are actually attaching.]
Review your dates and the records behind each charge before signing. The free analysis can help you assess disputed deductions and possible additional recovery.
From a blank request to a documented demand
See what your case documents add.
The free editor fills in your facts. The analysis reviews your charges and applicable rules; your paid case documents bring together the letter, damages summary and organized evidence checklist.
One charge, made specific.
South Dakota example: repainting ordinary wall scuffs, $900. The example assumes the tenancy is covered by the cited law; no tenant result is implied.
A starting request
I disagree with the $900 charge for repainting ordinary wall scuffs. Please return that amount.
The free editor lets you add your own reasons and records.
In the generated letter
Ordinary wear and tear - not deductible. Repainting after a tenancy is ordinary wear and tear unless the walls were damaged beyond normal use (large holes, unauthorized colors). Dated move-in and move-out photos help distinguish ordinary wear from tenant-caused damage.
Records to attach: move-in photos and move-out photos.
State-law reference: S.D. Codified Laws § 43-32-24 (return); § 43-32-6.1 (cap) ↗The amount stays tied to the facts: $1,100 withheld - $200 in accepted charges = $900 disputed in this sample.
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Open PDF to zoom ↗Sample South Dakota case. Letter and exhibit pages extracted from a generated case PDF. Your letter uses your own facts and state law.
Read the complete South Dakota sample letter
Fictional South Dakota case. Generated sample, not a court outcome or a substitute for your own letter.
Maya Patel (fictional tenant)
[Fictional current mailing address]
September 08, 2026
Daniel Reed (fictional landlord)
[Fictional landlord mailing address]
SENT VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
RE: Demand for return of security deposit - [Fictional South Dakota rental address]
Dear Daniel Reed (fictional landlord):
I vacated the above rental property on August 01, 2026 and paid a security deposit of $2,000.00. Under S.D. Codified Laws § 43-32-24 (South Dakota Security Deposit Law), the applicable return rule is: Under the 2026 amendment, return the deposit or give specific written reasons for withholding within 21 days after termination and receipt of the tenant's mailing address or delivery instructions. A full itemized accounting is due within 45 days of termination on request. Earlier tenancies may be governed by the former two-week rule.
DISPUTED DEDUCTIONS
I dispute the following deductions under S.D. Codified Laws § 43-32-24 for the reasons below. Please provide the records supporting each disputed charge, including the work, cost, and condition at issue. For replacement charges, explain the item's age and how you calculated the amount charged:
• Repainting ordinary wall scuffs - $900.00
Ordinary wear and tear - not deductible. Repainting after a tenancy is ordinary wear and tear unless the walls were damaged beyond normal use (large holes, unauthorized colors). Dated move-in and move-out photos help distinguish ordinary wear from tenant-caused damage.
I do not contest the following deductions, totaling $200.00: Unpaid rent balance ($200.00).
This demand does not cancel any accepted debt. Any separate claim or counterclaim must credit amounts already paid or retained toward that debt.
DEMAND
I demand payment of $900.00, the amount improperly withheld from my deposit.
Please deliver payment to the address above no later than September 22, 2026 (14 days from the date of this letter). This requested date does not shorten any statutory notice or cure period. If this remains unresolved after the applicable notice, service and waiting requirements are satisfied, I intend to file suit in small claims court. I have retained dated photographs of the property's condition, the lease, our correspondence, your itemized statement, the repair receipts you provided, and this demand letter.
Sincerely,
Maya Patel (fictional tenant)
Enclosures: Evidence exhibit listSend it with a record you can use.
Include your delivery instructions and explicitly request an itemized accounting of any amount retained. Identify the specific charges you dispute and keep a dated copy.
South Dakota section 43-32-24: current return and accounting rule ↗What happens after sending?
Track the separate 45-day-from-termination deadline for the requested full accounting. A brief withholding explanation and a full itemized accounting are different steps.
They refund some or all of it
Save the payment record and update what remains disputed. Read any settlement or release before agreeing to it.
They reject the request or explain the deductions
Match each explanation to your lease and condition records. Reply with the specific amounts and reasons still disputed.
The letter comes back or nobody responds
Keep the envelope or tracking record. Check the address and required service method before using the South Dakota filing guide. Attempted delivery may not complete statutory service.
Frequently asked questions
Which return deadline should my South Dakota letter refer to?
Under the 2026 amendment, return the deposit or give specific written reasons for withholding within 21 days after termination and receipt of the tenant's mailing address or delivery instructions. A full itemized accounting is due within 45 days of termination on request. Earlier tenancies may be governed by the former two-week rule. Any noncompliance with § 43-32-24 forfeits all rights to withhold any portion of the deposit.
What penalties does South Dakota law allow if the withholding was wrongful?
Forfeiture of all withholding rights for noncompliance; bad-faith retention (including failing to provide the statement or accounting) additionally subjects the landlord to punitive damages up to $200 (§ 43-32-24).
What happens if the landlord ignores the letter?
You can file in small claims court (limit: $12,000; filing fees about $25-$43 depending on claim size). Check required notices, filing deadlines and the court's rules before filing.
South Dakota filing steps and court forms →