Renters' Rights · Security Deposit
Security Deposit Laws in South Dakota
The most a landlord can charge, how long they have to return it, and what it costs them to keep your money without cause in South Dakota.
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What your landlord can hold, and when it's due back
Enter your rent for the South Dakota maximum, plus the return-deadline clock.
Estimate only, based on South Dakota's statutory cap. Your lease may set a lower deposit, and local ordinances can be stricter. Not legal advice.
The full rules, with the statute
Every requirement and where it comes from in the code.
Exceptions: Under SDCL 43-32-6.1, a landlord of residential premises may not demand or receive a security deposit worth more than one month's rent. The only exception is a larger deposit agreed to by both the landlord and the tenant where special conditions pose a danger to maintenance of the premises.
Penalties & recent changes
What happens if the landlord keeps your deposit wrongfully.
SB 4 (SL 2026, ch 179, §1) (effective 2026-07-01): Extended the deadline to return a residential security deposit or send the written withholding statement from two weeks to 21 days after the tenancy ends and the landlord receives a mailing address or delivery instructions from the tenant. The 45-day itemized-accounting-on-request rule, the forfeiture rule, and the $200 punitive damages cap were left in place.
What South Dakota renters get wrong
South Dakota caps a residential security deposit at one month's rent under SDCL 43-32-6.1, and a landlord can ask for more only where special conditions pose a danger to the premises and you agree to it. After you move out and give the landlord your mailing address or delivery instructions, the landlord has 21 days to return the deposit or send a written statement explaining any amount kept. That return window was two weeks until a 2026 law (SB 4) extended it to 21 days, effective July 1, 2026. Getting a full breakdown works differently: the landlord must provide an itemized accounting of anything withheld within 45 days of the tenancy ending, but only if you request it. A landlord who ignores these steps forfeits all right to keep any part of your deposit, and bad-faith retention adds punitive damages of up to $200.
Common questions
How much can a landlord charge for a security deposit in South Dakota?
No more than one month's rent. Under SDCL 43-32-6.1, a landlord cannot demand or receive a deposit worth more than one month's rent. The only exception is a larger deposit you agree to where special conditions pose a danger to maintenance of the premises.
How long does a landlord have to return my deposit in South Dakota?
21 days after your tenancy ends and you give the landlord your mailing address or delivery instructions. Within that time the landlord must either return the deposit or send you a written statement showing the specific reason for keeping any part of it. A 2026 law extended this window from two weeks to 21 days, effective July 1, 2026.
When do I get an itemized accounting of what my South Dakota landlord kept?
The itemized accounting is a separate step from the return deadline. If you request it, the landlord must give you an itemized accounting of any amount withheld within 45 days after the tenancy ends. The 21-day rule covers returning the money or sending a written reason; the 45-day rule covers the full breakdown on request.
What can I do if my South Dakota landlord wrongfully keeps my deposit?
A landlord who fails to follow these rules forfeits all right to keep any part of the deposit. If the landlord keeps the deposit in bad faith, or in bad faith fails to provide the required written statement or itemized accounting, they are also subject to punitive damages of up to $200.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.