South Dakota Security Deposit Laws (2026)

One month, unless special conditions

Any money that secures performance of a residential lease counts as a security deposit in South Dakota. A landlord may not demand more than one month's rent, however the deposit is labeled. A larger deposit is allowed only if you and the landlord agree to it because special conditions pose a danger to maintenance of the premises (SDCL 43-32-6.1).

21 days after your address

Within 21 days after the tenancy ends and the landlord receives your mailing address or delivery instructions, it must return the deposit or give you a written statement of the specific reasons for withholding any part (SDCL 43-32-24). It may withhold only what is reasonably necessary to:

• cover unpaid rent and other funds due under an agreement;
• restore the premises to their condition at the start of the tenancy, apart from ordinary wear and tear.

The itemized accounting on request

The 21-day statement gives reasons, not necessarily figures. If you ask, the landlord must give you an itemized accounting of any amount withheld within 45 days after the tenancy ends. Ask early so the landlord has time to respond within that window.

Our calculator counts 21 days.

Steps to recover a South Dakota deposit

1. Check that the deposit was no more than one month's rent.
2. Give a mailing address in writing at move-out.
3. Request an itemized accounting in writing.
4. After the deadline, demand the full deposit, citing the forfeiture rule in 43-32-24.
5. If that fails, file a claim in small claims court.

Neighboring states

North Dakota pays interest and allows triple damages. Nebraska gives 14 days, Minnesota 3 weeks with interest, Iowa uses a similar forfeiture rule, and Montana and Wyoming have no cap.

Frequently asked questions

Sources

1. SDCL 43-32-6.1 (South Dakota Legislature)
2. SDCL 43-32-24 (South Dakota Legislature)

Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.