South Dakota security deposit law
Security Deposit Laws in South Dakota
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When did you move out?
This is the one that matters. Your clock starts the day you handed back the keys — not the day your landlord replies.
Statute-verified in 50 U.S. jurisdictions and counting — everywhere else, a specialist prepares your case by hand until verification clears.
South Dakota security deposit return timeline
Deadline to return
21 days
Statute
SDCL § 43-32-24
RECENTLY CHANGED — DO NOT USE THE OLDER 14-DAY FIGURE. Within 21 days after termination of the tenancy AND receipt of the tenant's mailing address or delivery instructions, the lessor must EITHER return the deposit OR furnish a written statement showing the specific reason for withholding the deposit or any portion. Separately, within 45 days after termination, UPON THE LESSEE'S REQUEST, the lessor must provide an itemized accounting of any deposit withheld. Amended by SL 2026, ch. 179 (2026 Senate Bill 4), which raised the deadline from two weeks to twenty-one days; reported effective July 1, 2026.
What can a landlord legally deduct in South Dakota?
Allowed
- ✓Amounts reasonably necessary to remedy tenant defaults in payment of rent
- ✓Amounts reasonably necessary to remedy tenant defaults in payment of other funds due to the landlord pursuant to an agreement
- ✓Amounts reasonably necessary to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted
Not allowed
- ✗Ordinary wear and tear
What if your landlord keeps your deposit wrongfully in South Dakota?
A lessor who fails to comply FORFEITS all rights to withhold any portion of the deposit. Bad-faith retention, or bad-faith failure to provide the written statement or itemized accounting, subjects the lessor to PUNITIVE DAMAGES NOT TO EXCEED $200 — in addition to recovery of the deposit itself. This is a SMALL CAPPED PENALTY, not a multiplier.
How TenantNex helps
- 1. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
- 2. We generate a demand letter citing SDCL § 43-32-24 and your exact deadline.
- 3. We mail it to your landlord via USPS Certified Mail with return receipt.
- 4. You track delivery on your case page, with day-7 and day-14 follow-up.
$39 per case — founding price, one flat fee, no subscription.
South Dakota tenant rights resources
- HUD — tenant rights and resources
- Find your state's consumer protection / Attorney General office
- Key statute: SDCL § 43-32-24 — verified against the official text on 2026-09-04.
Every fact on this page is verified against South Dakota's official statutory text as of 2026-09-04. TenantNex is not a law firm and this is not legal advice. For complex disputes, consult a licensed attorney in South Dakota.
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21 days
South Dakota law sets this deadline — your landlord must return your deposit or itemize deductions by then.
If they wrongfully withhold
A lessor who fails to comply FORFEITS all rights to withhold any portion of the deposit. Bad-faith retention, or bad-faith failure to provide the written statement or itemized accounting, subjects the lessor to PUNITIVE DAMAGES NOT TO EXCEED $200 — in addition to recovery of the deposit itself. This is a SMALL CAPPED PENALTY, not a multiplier.
SDCL § 43-32-24 — verified against the official statute 2026-09-04
Your 21 days started the day you moved out — that clock is running right now whether or not your landlord acts.
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Used by renters in 2 states — 15 people in the past two weeks found out exactly what they're owed this way.
We don't stop at mailing it. If your landlord doesn't respond, we follow up at day 7 and day 14 — and help you build the evidence and paperwork for small claims if it comes to that. Real result: we helped Kathleen A. (Ohio) recover her full $3,000 deposit this way.
Pay once. We handle the rest.
One case, one price — the letter, the certified mailing, the tracking, and the follow-up. No subscription, no recurring anything.
| Option | Price | Effort | Follow-up |
|---|---|---|---|
| Do it yourself | — | All of it | You chase |
| TenantNex | $39 | Done for you | We chase |
| Small-claims services | $149–448 | — | — |
| Hire an attorney | $300–2,000+ | — | — |
An attorney starts at $300. Filing services charge $149 for the letter alone. We prepare the whole claim for $39.
Recover
We run your claim until you are paid — or you are ready to file.
- Step 1 — certified demand letter citing your state statute, deadline and penalty
- Mailed USPS Certified with return receipt, tracked to your landlord’s door
- Step 2 — day-14 notice of intent to file, the one most landlords act on
- Step 3 — your small-claims packet: the right form for your county, filled in
- Where to file, what it costs, and how to serve your landlord
- Evidence checklist, with your certified receipt as Exhibit A
- Counter-response letter if your landlord disputes or underpays
- Attorney referral if it is still unresolved after 21 days
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What TenantNex is — and isn't
TenantNex is not a law firm. We prepare and send correspondence using publicly available state statutes. We do not provide legal advice, legal representation, or guarantee any outcome. For complex legal matters, consult a licensed attorney in your state.