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South Dakota security deposit law
The state rules a landlord in South Dakota has to follow for a residential security deposit, from S.D. Codified Laws §§ 43-32-6.1, 43-32-24.
- Maximum deposit
- One month's rent, unless the parties agree to more because special conditions endanger the premises.
- Deadline to return it
- 21 days after the tenancy ends and the landlord has the tenant's mailing address or delivery instructions.
- Itemized deductions
- Written statement of the specific reason for any withholding; an itemized accounting on tenant request within 45 days.
- Interest on the deposit
- Not required by state law.
- Penalty for wrongful withholding
- Landlord loses the right to withhold; bad-faith retention carries punitive damages up to $200.
Before you keep any part of a deposit
- Compare the unit with the move-in inspection and photos. Normal wear and tear is generally not chargeable.
- Keep receipts or written estimates for every deduction.
- Send the return or the itemized list within the deadline above, to the tenant's forwarding address, and keep proof of mailing.
Working out the last month's rent? The prorated rent calculator does the partial-month math.
Source
Verification status: verified summary. Research date: November 5, 2026. Statute: S.D. Codified Laws §§ 43-32-6.1, 43-32-24. Source: sdlegislature.gov.
General information, not legal advice. Cities and counties can add stricter rules, and laws change. Check the current statute or a local attorney before you act.
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Last updated November 5, 2026.