South Dakota security deposit law

What your landlord is legally required to do after you move out, how long they have, and what it costs them if they get it wrong.

The deadline

Under S.D. Codified Laws § 43-32-24, a landlord in South Dakota must return your security deposit — together with any required written itemization of deductions — within 21 days. Once that window closes without payment or a proper itemization, the landlord is in violation of the statute.

Amended effective 2026: the 21-day clock runs from termination AND the landlord's receipt of the tenant's mailing address or delivery instructions. An itemized accounting is due within 45 days of termination if the tenant requests it.

What it costs your landlord

Under S.D. Codified Laws § 43-32-24, a landlord who wrongfully withholds a deposit in South Dakota may be liable for forfeiture of all rights to withhold any portion of the deposit, plus punitive damages of up to $200. That exposure is the reason a formal demand letter works: it is usually cheaper for a landlord to pay you than to argue about it.

What your landlord may deduct in South Dakota

Only the amounts reasonably necessary to remedy tenant defaults in the payment of rent and other funds due under an agreement, and to restore the premises to their condition at the commencement of the tenancy.

S.D. Codified Laws § 43-32-24

Restoring the property to its starting condition

South Dakota reaches the result through the restoration duty rather than a freestanding ban: the landlord may restore the premises to their starting condition, “ordinary wear and tear excepted.”

“Restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted.”

What a compliant itemization has to contain

Within 21 days, either the deposit back or a written statement showing the specific reason for withholding. A full itemized accounting is a separate duty owed within 45 days of termination, and only upon the tenant's request — so a South Dakota tenant who wants the itemisation has to ask for it.

Read it yourself: S.D. Codified Laws § 43-32-24

How to get your deposit back in South Dakota

1. 1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In South Dakota that's 21 days.
2. 2. Put your forwarding address in writing. In several states a landlord has no obligation until they have it, and having sent it protects your claim.
3. 3. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
4. 4. Send a written demand by certified mail. Cite S.D. Codified Laws § 43-32-24, state the amount owed, and give a deadline to pay. Certified mail creates the delivery record a judge will want to see.
5. 5. File in small claims if they ignore you. You don't need a lawyer. File in the county where the property is located.

Common questions

How long does a landlord have to return a security deposit in South Dakota?

Under S.D. Codified Laws § 43-32-24, a South Dakota landlord has 21 days to return the deposit and provide any required written itemization of deductions.

What is the penalty if my landlord keeps my deposit in South Dakota?

Under S.D. Codified Laws § 43-32-24, a landlord who wrongfully withholds may be liable for forfeiture of all rights to withhold any portion of the deposit, plus punitive damages of up to $200.

Do I have to sue to get my security deposit back?

Often not. A formal written demand sent by certified mail puts your landlord on notice of the statute, the deadline they missed and the penalty attached to it — and gives you a dated record that they received it. Small claims court is the fallback if they ignore it.