South Dakota Security Deposit Laws

Updated October 13, 2026 · 1 min read · 3 sources

Short answer

South Dakota security deposit limit: 1 month's rent (more in limited cases). The landlord must return the deposit, minus lawful deductions, within this deadline: 2 weeks, with an itemized accounting within 45 days if requested. Landlords cannot deduct for normal wear and tear, and tenants can usually sue in small claims court if a deposit is wrongly withheld.

Renting in South Dakota? These are the state rules on security deposit limits and return deadlines.

At a glance

Question Answer
Maximum deposit 1 month's rent (more in limited cases)
Return deadline 2 weeks, with an itemized accounting within 45 days if requested
Statute S.D. Codified Laws §§ 43-32-6.1, 43-32-24

What landlords can deduct

  • Unpaid rent
  • Damage beyond normal wear and tear
  • Cleaning to return the unit to move-in condition, where the law or lease allows it
  • Other charges the lease and state law permit

Normal wear and tear, such as minor scuffs, faded paint or carpet worn by ordinary use, generally cannot be deducted. Many states require landlords to give an itemized list of deductions with any remaining deposit.

How to protect your deposit

  1. Document the unit at move-in and move-out with dated photos; the rental move-in and move-out checklist helps.
  2. Give proper written notice before moving out and return all keys.
  3. Give the landlord a forwarding address in writing.
  4. If the deadline passes, send a written demand, then consider small claims court; see the South Dakota small claims court limit.

More: how to get your security deposit back and what a landlord cannot do. Local ordinances in some cities add stricter deposit rules, such as interest payments. For a dispute, a real estate lawyer or local tenant organization can help.

Sources

  1. Nolo: Deadlines for returning security deposits by state
  2. iPropertyManagement: Maximum security deposit by state
  3. iPropertyManagement: Security deposit laws by state

This page summarizes state law for general information and is not legal advice. Laws change and courts interpret them; check the current statute or official source, or talk to a licensed attorney in your state about your situation.

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