South Dakota Security Deposit Law at a Glance
Governing Statute
S.D. Codified Laws §43-32-6.1 — Security Deposits
Return Deadline
Your landlord must return your deposit or provide an itemized statement within 14 calendar days after termination of tenancy and tenant vacating.
Penalty for Non-Return
If your landlord fails to return your deposit or provide an itemized statement within 14 calendar days, you may be entitled to tenant may recover actual damages; landlord may also be liable for penalties if acting in bad faith under S.D. Codified Laws §43-32-24.
Key Facts
- Maximum deposit: 1 month rent
- Itemization required: Within 14 calendar days
- Small claims limit: $12,000
Additional Protections
- Landlord must return deposit with itemized list within 14 days
- If landlord deliberately fails to return, may be liable for additional penalties
What Your South Dakota Demand Letter Includes
Every letter is built from South Dakota's actual statute — not a generic template.
Exact Statute Citation
S.D. Codified Laws §43-32-6.1 cited by section number. Your landlord sees you know the law.
Calculated Deadline
14 calendar days from your move-out date, computed automatically from your specific dates.
Penalty Warning
tenant may recover actual damages; landlord may also be liable for penalties if acting in bad faith — cited so your landlord knows the cost of non-compliance.
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South Dakota Security Deposit FAQ
How long does my landlord have to return my security deposit in South Dakota?
Under S.D. Codified Laws §43-32-6.1, your landlord has 14 calendar days after termination of tenancy and tenant vacating to return your security deposit or provide an itemized statement of deductions.
What happens if my South Dakota landlord doesn't return my deposit on time?
If your landlord fails to return your deposit within the legal deadline, you may be entitled to tenant may recover actual damages; landlord may also be liable for penalties if acting in bad faith under S.D. Codified Laws §43-32-24. You can pursue this in small claims court.
What is the maximum security deposit a landlord can charge in South Dakota?
Under S.D. Codified Laws §43-32-6.1, the maximum security deposit in South Dakota is 1 month rent.
Does my South Dakota landlord have to itemize deductions from my deposit?
Yes. South Dakota law requires landlords to provide an itemized list of deductions within 14 calendar days of move-out.
Can I sue my landlord in small claims court in South Dakota?
Yes. South Dakota small claims court handles cases up to $12,000. Security deposit disputes are one of the most common small claims cases.
Do I need a lawyer to send a security deposit demand letter in South Dakota?
No. A demand letter is a formal written request, not a lawsuit. You can send one yourself. Our tool generates a South Dakota-specific demand letter citing S.D. Codified Laws §43-32-6.1 so your landlord knows you understand your rights.
Security Deposit Demand Letters by State
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