South Dakota Security Deposit Law: Deadlines & Penalties
South Dakota landlords must return the security deposit, or give the tenant a written statement of the specific reasons for keeping any of it, within 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions. Deductions are limited to unpaid rent, other money due under an agreement, and restoring the unit to its move-in condition, ordinary wear and tear excepted.
Beyond that statement of reasons, a tenant can ask for a fuller itemized accounting of any amount withheld, which the landlord must provide within 45 days after the tenancy ends. The 21-day clock depends on the landlord having your mailing address, so this letter provides one in writing.
A landlord who fails to follow these rules forfeits the right to withhold any part of the deposit. Keeping a deposit in bad faith, or failing in bad faith to provide the statement or accounting, can also lead to punitive damages of up to $200. The 21-day deadline comes from a 2026 amendment to the statute.
Put these rules in writing
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South Dakota: common questions
How long does a South Dakota landlord have to return a deposit?
21 days after the tenancy ends and the landlord has your mailing address or delivery instructions. Within that time the landlord must return the deposit or send a written statement of the specific reasons for keeping any of it.
Can I get an itemized list of deductions in South Dakota?
Yes. If you ask, the landlord must give you an itemized accounting of any deposit withheld within 45 days after the tenancy ends. This letter includes that request, so keep a dated copy.
What happens if a South Dakota landlord doesn't follow the deposit law?
A landlord who doesn't comply forfeits the right to keep any portion of the deposit. If the landlord acted in bad faith, a court can also award punitive damages of up to $200.
Can I sue for my deposit in South Dakota small claims court?
Yes. South Dakota small claims court hears claims of $12,000 or less. Confirm the current filing fee with the clerk, and bring your lease, photos and this letter.
Compare nearby states
| State | Return deadline | Itemized list | Small claims limit |
|---|---|---|---|
| South Dakota | 21 days | Required | $12,000 |
| Iowa | 30 days | Required | $6,500 |
| Minnesota | 21 days | Required | $20,000 (conciliation court) |
| Montana | 30 days | Required | $7,000 |
| Nebraska | 14 days | Required | $7,500 |
| North Dakota | 30 days | Required | $15,000 |
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