South Dakota security deposit law: know your rights.
Understand the return, deduction and notice rules in South Dakota. Check which conditions apply to your rental, then choose your next step.
Your deposit rights in South Dakota
- Return timing
- 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.
- Accounting for deductions
- Written reasons within 21 days under the 2026 amendment, plus an itemized accounting within 45 days of termination on request. Withholding is limited to tenant payment defaults and restoration beyond ordinary wear.
- Deposit interest
- The state deposit statute does not require interest. Check any additional lease or local rule.
Registry review: August 2026. Review dates refer to the cited rules, not an attorney review of your case.
Does this rule apply to your rental?
Check the type of tenancy, the lease and any local or housing-program rules before relying on the statewide summary.
S.D. Codified Laws § 43-32-24 (return); § 43-32-6.1 (cap) ↗What starts the return clock?
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.
S.D. Codified Laws § 43-32-24 (return); § 43-32-6.1 (cap) ↗Check your return timing
Optional estimate from your move-out date. Read the start conditions above before treating that estimate as the return deadline. You can start the free analysis without completing this check.
Check what the landlord deducted
No receipts, interest, or separate-account requirements in chapter 43-32.
Match each charge to the work alleged, the lease provision and the records supporting the amount. Keep refunds and charges you accept separate from those you dispute.
S.D. Codified Laws § 43-32-24 (return); § 43-32-6.1 (cap) ↗What could you recover?
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).
Start with the unpaid amount you dispute. Any additional statutory recovery depends on the conditions in S.D. Codified Laws § 43-32-24, including applicable notice requirements.
S.D. Codified Laws § 43-32-24 (return); § 43-32-6.1 (cap) ↗Put the rules to work
See how the rules fit your deposit dispute
Free analysis
Add the refund, charges and records. Review the deductions and possible remedies with an explanation tied to your facts.
Full case package $29-$49
Turn your case into a demand letter, organized exhibits and a next-step plan. Review the analysis before deciding to buy.
Your entered dates and deposit amount carry forward. Additional timing details are saved in case notes. The next step asks for the refund and charges so you can build on this check.
Choose your next step
Small-claims limit: $12,000. Filing: $24.84-$42.84 by claim size + $11.84/extra defendant. The court guide explains the applicable limits and additional costs.
Questions about South Dakota deposit rights
How long does a South Dakota landlord have to return a security deposit?
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.
S.D. Codified Laws § 43-32-24 (return); § 43-32-6.1 (cap) ↗See the timing rules →What happens if my landlord does not follow the deposit return rules in South Dakota?
Any noncompliance with § 43-32-24 forfeits all rights to withhold any portion of the deposit. Keep proof of the dates, any refund, and the itemized statement.
S.D. Codified Laws § 43-32-24 (return); § 43-32-6.1 (cap) ↗Understand the possible recovery →What accounting should I ask for in South Dakota?
Written reasons within 21 days under the 2026 amendment, plus an itemized accounting within 45 days of termination on request. Withholding is limited to tenant payment defaults and restoration beyond ordinary wear. No receipts, interest, or separate-account requirements in chapter 43-32.
S.D. Codified Laws § 43-32-24 (return); § 43-32-6.1 (cap) ↗