Unenforceable Lease Clauses in South Dakota
Your landlord put it in the lease. Maybe you signed it. Doesn't matter — if a clause violates South Dakota law, it's void. Here are the ones to watch for.
South Dakota's deadline for returning a deposit is set by S.D. Codified Laws § 43-32-24.
South Dakota limits security deposits to 1 month of rent under S.D. Codified Laws § 43-32-24. Some caps have exceptions, so check the statute if yours is higher.
We list 7 red-flag lease clauses to check in South Dakota. 3 of them are generally unenforceable under state law.
Bottom line: A lease is a contract, but contracts can't override state law. If your South Dakota lease includes one of the clauses below, that clause may not be enforceable, even if you signed it. The rest of your lease still stands.
Clauses to check under South Dakota law
These are specific to South Dakota's deposit statute (S.D. Codified Laws § 43-32-24). Your landlord may not know these clauses are a problem, but that doesn't make them enforceable.
“Non-refundable cleaning fee”
Whether a flat non-refundable cleaning fee is allowed depends on the state; some bar it, others allow it if it's clearly labeled as a fee, separate from the deposit. What a landlord generally can't do is keep part of your security deposit as a "cleaning fee" no matter how you left the unit. See S.D. Codified Laws § 43-32-24.
Statute: S.D. Codified Laws § 43-32-24
“Tenant must pay for professional carpet cleaning”
Carpet wear from normal use is generally treated as wear and tear, not damage. Carpet is often estimated to last about 7 years, so a charge to replace an older carpet may be a charge for its age. See S.D. Codified Laws § 43-32-24.
Statute: S.D. Codified Laws § 43-32-24
“Deposit exceeds 1 months rent”
South Dakota generally limits security deposits to 1 month of rent under S.D. Codified Laws § 43-32-24. Some caps have exceptions, so check the statute if yours is higher.
Statute: S.D. Codified Laws § 43-32-24
“Deposit forfeited if tenant breaks lease early”
While landlords may charge legitimate lease-break costs, automatically forfeiting the entire deposit for early termination may violate S.D. Codified Laws § 43-32-24. Deductions should match actual losses.
Statute: S.D. Codified Laws § 43-32-24
Clauses that show up in every state
These show up in leases across the country. They're rarely enforceable, but landlords keep using them because most tenants don't push back.
“Security deposit is non-refundable”
A security deposit is held against unpaid rent and damage, and the deposit statute says how it comes back to you. Calling it "non-refundable" generally doesn't let a landlord keep it regardless of the unit's condition. A separate, clearly labeled fee is a different thing, and some states allow those.
Statute: S.D. Codified Laws § 43-32-24
“Tenant waives right to itemized deduction list”
Where a state requires an itemized list of deductions, the requirement comes from the statute, not the lease, and courts are generally reluctant to let a lease waive it.
Statute: S.D. Codified Laws § 43-32-24
“Landlord may deduct for any reason”
Deposit statutes limit what a deposit can cover, usually unpaid rent and damage beyond normal wear and tear. A clause allowing deductions for "any reason" doesn't widen that.
Statute: S.D. Codified Laws § 43-32-24
What to do if your lease has these clauses
- Don't refuse to sign the lease over it. A clause that conflicts with the statute generally can't be enforced anyway, and refusing to sign might cost you the apartment.
- Document it. Take a photo of the clause. Save a copy of your signed lease. You'll want this later if your landlord tries to enforce it.
- Know the statute. When your landlord cites the lease, you cite S.D. Codified Laws § 43-32-24. That usually ends the conversation.
- Send a written objection. Email your landlord (so you have a record) explaining that the clause violates South Dakota law and you don't consider it binding. Keep it short and factual.
- File in small claims if they enforce it. In South Dakota, small claims court hears claims up to $12,000. Filing costs about $40.84. No lawyer needed.
Not sure if your lease is clean? DepositHawk reviews your lease for red flags and tells you exactly which clauses won't hold up in South Dakota.
Get Your Lease Reviewed — $14.99More South Dakota renter guides:
Researched by the DepositHawk Research Team. Source: S.D. Codified Laws § 43-32-24. We haven't yet checked this state's row against the official statute text.
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●Frequently Asked Questions
Frequently Asked Questions
Can my landlord in South Dakota make me sign a non-refundable deposit clause?
Generally not. Under S.D. Codified Laws § 43-32-24, a security deposit has to be returned minus lawful deductions, and calling it "non-refundable" usually doesn't change that. If you already signed a lease with that clause, the rest of the lease still applies. A separate, clearly labeled fee is a different question.
What should I do if my South Dakota lease has an illegal clause?
Don't panic, and don't refuse to sign the whole lease over one bad clause. A clause that conflicts with the statute generally can't be enforced against you, signed or not. Keep a copy, and if your landlord relies on it later, cite the statute. Small claims court is the usual next step if that doesn't settle it.
Can my landlord keep my deposit for normal wear and tear in South Dakota?
Generally no. Normal wear and tear, like scuffed floors, minor nail holes and faded paint, isn't a lawful deduction in South Dakota; see S.D. Codified Laws § 43-32-24. A lease clause saying otherwise is unlikely to hold.
How many days does my South Dakota landlord have to return my deposit?
In South Dakota, the deadline under S.D. Codified Laws § 43-32-24 starts from a later event, such as your demand or the landlord getting your new address, so no date can be given from a move-out date alone.
Is a lease clause waiving my right to an itemized deduction list enforceable in South Dakota?
Probably not. South Dakota requires landlords to provide an itemized list of deductions, and that requirement comes from the statute, not the lease. Courts are generally reluctant to let a lease waive it.
●PROTECTION
Get your security deposit back
See exactly what your state’s law says your landlord owes you — the deadline they missed, the penalty multiplier, and the deductions they can’t legally make — then generate a statute-specific demand letter.
- State deadline — Exactly how many days your landlord had to return your deposit
- Penalty multiplier — Whether your state doubles or triples wrongful withholding
- Illegal deductions — Which charges your landlord can’t legally keep
- Statute-specific demand letter — Generated with the exact code section your landlord violated
State law deadline your landlord missed: cited
Penalty multiplier (varies by state): cited
Deductions they can’t legally make: listed
Demand amount with statutory basis: calculated
Everything your state’s law says your landlord owes you.
One-time demand letter: $19.
DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.