South Dakota Security Deposit Demand Letter (SDCL § 43-32-24)
Moved out and still waiting on your deposit? A clear, written demand is usually the first step — and often the last one needed. Answer the questions below and your letter fills itself in as you type.
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[Your forwarding address]
October 15, 2026
[Landlord or property manager name]
Re: Demand for return of security deposit — [Rental address]
Dear [Landlord or property manager name],
I was a tenant at [Rental address] and moved out on [Move-out date]. At the start of my tenancy I paid a security deposit of [Deposit amount ($)]. So far none of my deposit has been returned, and I have not received an itemized statement of deductions.
Under South Dakota Codified Laws § 43-32-24, a landlord must return the security deposit, or provide a written statement of the specific reasons for withholding any portion, within 21 days after the tenancy ends and the landlord receives the tenant's mailing address. This letter provides my mailing address and also requests an itemized accounting of any amount withheld.
Please send [Deposit amount ($)] to me at the forwarding address above within 14 days of the date of this letter. If you believe you are entitled to keep any part of the deposit, please send a written, itemized statement of each deduction, with copies of receipts or invoices.
If I have not received the deposit or a proper itemized statement by October 29, 2026, I intend to file a claim in small claims court, where I may ask for the full deposit, plus punitive damages of up to $200 if the deposit was kept in bad faith.
I would prefer to resolve this without going to court, and I am keeping a copy of this letter and proof of mailing for my records.
Sincerely,
[Your full name]
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How security deposits work in South Dakota
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.
What to do, step by step
Fill in your details
Answer the questions above. Your letter updates live as you type, so you can check every detail before you send it.
Send it in a way you can prove
Mail the letter by certified mail with return receipt and keep the receipt. If your lease lists an email address for notices, send a copy there too.
Wait for a reply
Give your landlord the 14 days stated in the letter. For reference, South Dakota's own deadline under SDCL § 43-32-24 is 21 days after move-out.
Gather your evidence
Collect your lease, move-in and move-out photos, any inspection checklist, rent receipts and every message about the deposit.
File in small claims if needed
If the deposit still doesn't come back, you can file in small claims court (South Dakota limit: $12,000). Bring this letter and your proof of mailing.
What if the landlord ignores the letter?
Silence doesn't end the matter. Your letter creates a dated record that you asked for the deposit back and gave a reasonable deadline — exactly what a small claims judge will want to see.
In South Dakota, the rules are set out in South Dakota Codified Laws § 43-32-24. If a landlord keeps a deposit without following them, a court may award the full deposit, plus punitive damages of up to $200 if the deposit was kept in bad faith.
Small claims court is designed for people representing themselves: filing fees are modest, forms are short, and hearings are informal. In South Dakota the limit is $12,000, which covers nearly every deposit dispute.
Example South Dakota security deposit demand letter
A filled-in sample with made-up details, so you can see the finished result.
Jordan Rivera
88 Pine Ave, Springfield
October 5, 2026
Oakview Property Management
500 Market St, Suite 200, Springfield
Re: Demand for return of security deposit — 123 Elm St, Apt 4B, Springfield
Dear Oakview Property Management,
I was a tenant at 123 Elm St, Apt 4B, Springfield and moved out on August 31, 2026. At the start of my tenancy I paid a security deposit of $1,800.00. So far you have returned $300.00, leaving $1,500.00 outstanding.
Under South Dakota Codified Laws § 43-32-24, a landlord must return the security deposit, or provide a written statement of the specific reasons for withholding any portion, within 21 days after the tenancy ends and the landlord receives the tenant's mailing address. This letter provides my mailing address and also requests an itemized accounting of any amount withheld.
I returned all keys on August 31 and took dated photos of every room, which show the unit clean and undamaged apart from normal wear and tear.
Please send $1,500.00 to me at the forwarding address above within 14 days of the date of this letter. If you believe you are entitled to keep any part of the deposit, please send a written, itemized statement of each deduction, with copies of receipts or invoices.
If I have not received the deposit or a proper itemized statement by October 19, 2026, I intend to file a claim in small claims court, where I may ask for the full deposit, plus punitive damages of up to $200 if the deposit was kept in bad faith.
I would prefer to resolve this without going to court, and I am keeping a copy of this letter and proof of mailing for my records.
Sincerely,
Jordan Rivera
Frequently asked 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.
Do I have to send a demand letter before going to small claims?
Many courts expect you to have asked for the money first, and a written demand is the simplest proof that you did. It also resolves a large share of disputes on its own.
How should I send the letter?
Use a method that gives you proof of delivery, such as certified mail with return receipt. Keep a copy of the letter and the receipt together.
FairLetter is not a law firm and does not provide legal advice. Letters are templates you customize and send yourself.