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South Dakota security deposit: 21 days to get it back

Within 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions, the landlord must return the deposit or give a written statement of the specific reasons for withholding any part. Before the 2026 amendment this period was two weeks.

What the law requires

Itemized statement
On the tenant's request, the landlord must give an itemized accounting of any deposit withheld within 45 days after the tenancy ends. Withholding is limited to amounts reasonably necessary for unpaid rent, other agreed funds owed, and restoring the premises (ordinary wear and tear excepted).
Forwarding address
The 21-day period runs only after the landlord has the tenant's mailing address or delivery instructions (and the tenancy has ended).
If the landlord breaks the rules
Retaining the deposit in bad faith, or failing in bad faith to give the required statement or accounting, subjects the landlord to punitive damages not to exceed $200. No deposit multiple is provided.
Loss of the right to deduct
A landlord who fails to comply forfeits all rights to withhold any portion of the deposit.
Deposit cap
One month's rent. A larger deposit is allowed by agreement where special conditions pose a danger to maintenance of the premises.
Small claims limit
$12,000 in Small Claims Court (heard by a circuit court or magistrate judge)

Recent changes

S.B. 4 (2026; SL 2026 ch. 179, signed Feb. 2026) lengthened the return period in § 43-32-24 from two weeks to 21 days. The session law has no emergency clause, so it took effect on July 1, 2026, South Dakota's standard effective date.

If your landlord misses the deadline

  1. Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
  2. Send a written demand by certified mail, keep the receipt, and cite S.D. Codified Laws §§ 43-32-6.1 and 43-32-24. Give a date to respond.
  3. If you still aren't paid, file in Small Claims Court (heard by a circuit court or magistrate judge). Deposit claims up to $12,000 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.

What a South Dakota demand letter looks like

Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]

Dear [Landlord name]:

I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].

My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.

[A.] I have not received my deposit or an itemized statement of deductions. Under S.D. Codified Laws §§ 43-32-6.1 and 43-32-24, a landlord must return a tenant's security deposit, or send an itemized statement of any deductions, within 21 days after the tenant moves out and gives a forwarding address. That deadline passed on [deadline date].

Preview of the first part of letter one. Yellow marks the parts you fill in.

Common questions

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

Within 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions, the landlord must return the deposit or give a written statement of the specific reasons for withholding any part. Before the 2026 amendment this period was two weeks.

What happens if a South Dakota landlord keeps the deposit wrongfully?

Retaining the deposit in bad faith, or failing in bad faith to give the required statement or accounting, subjects the landlord to punitive damages not to exceed $200. No deposit multiple is provided. A landlord who fails to comply forfeits all rights to withhold any portion of the deposit.

Do I have to give my South Dakota landlord a forwarding address?

The 21-day period runs only after the landlord has the tenant's mailing address or delivery instructions (and the tenancy has ended).

Where do I sue for my deposit in South Dakota?

Deposit claims up to $12,000 can be filed in Small Claims Court (heard by a circuit court or magistrate judge). Check the court's website for current filing fees and forms.

Other states

Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.