Getting The Deposit Back
SDCL § 43-32-24 — twenty-one days after the tenancy ends and an address is given, or a written reason for keeping any of it
Twenty-one days. Within twenty-one days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions, the landlord returns the deposit or gives a written statement of the specific reason for keeping any of it.
- Unpaid rent, and other money due under an agreement.
- Restoring the premises to their condition at the start of the tenancy, ordinary wear and tear excepted.
Those are the only amounts the landlord may keep, and only what is reasonably necessary. On the tenant's request, within forty-five days after the tenancy ends, the landlord provides an itemized accounting.
Missing the deadline. A landlord who does not comply forfeits all rights to withhold any of the deposit. Keeping it in bad faith, or failing in bad faith to give the statement or accounting, brings punitive damages of up to $200.
A deposit may not exceed one month's rent, unless the two sides agree to more because special conditions endanger the upkeep of the premises.
Small claims court is where most deposit disputes go. A particular deposit is a question for a licensed South Dakota attorney.
Sources for this section (2)
- SDCL § 43-32-24 — Return of security deposit after termination of tenancy; Withholding; Itemized accounting; Forfeiture of withholding rights; Punitive damages
- SDCL § 43-32-6.1 — Maximum security deposit for residential premises; Larger deposit by mutual agreement
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.