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 landlords must return security deposits within 14 days of move-out under 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. Any amount above that is unlawful.
We found 7 red-flag lease clauses that are illegal or unenforceable in South Dakota, including 5 that are outright void under state law.
Bottom line: A lease is a contract, but contracts can't override state law. If your South Dakota lease includes any of the clauses below, that specific clause is unenforceable — even if you signed it. The rest of your lease still stands.
Clauses that violate South Dakota law
These are specific to South Dakota's deposit statute (S.D. Codified Laws § 43-32-24). Your landlord may not even know these clauses are illegal — but that doesn't make them enforceable.
“Non-refundable cleaning fee”
Under S.D. Codified Laws § 43-32-24, landlords in South Dakota cannot charge a non-refundable cleaning fee as part of the security deposit.
Statute: S.D. Codified Laws § 43-32-24
“Tenant must pay for professional carpet cleaning”
Carpet cleaning is generally considered normal wear and tear. Under S.D. Codified Laws § 43-32-24, this deduction may be impermissible if the carpet has exceeded its useful life (typically 7 years per IRS guidelines).
Statute: S.D. Codified Laws § 43-32-24
“Deposit exceeds 1 months rent”
South Dakota limits security deposits to 1 month of rent under S.D. Codified Laws § 43-32-24. If your deposit exceeds this, the excess is unlawful.
Statute: S.D. Codified Laws § 43-32-24
“Deposit forfeited if tenant breaks lease early”
While landlords may charge legitimate lease-break fees, automatically forfeiting the entire deposit for early termination may violate S.D. Codified Laws § 43-32-24. Deductions must be itemized and reasonable.
Statute: S.D. Codified Laws § 43-32-24
Clauses that are bad news in every state
These show up in leases across the country. They're not legal anywhere, but landlords keep using them because most tenants don't push back.
“Security deposit is non-refundable”
Security deposits are refundable by law in every US state. A clause claiming otherwise is unenforceable.
Statute: S.D. Codified Laws § 43-32-24
“Tenant waives right to itemized deduction list”
You cannot waive your right to an itemized statement of deductions. This clause is unenforceable in most states.
Statute: S.D. Codified Laws § 43-32-24
“Landlord may deduct for any reason”
Landlords can only deduct for specific, documented reasons allowed by state law — not "any reason."
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. An illegal clause is void automatically. Refusing to sign might cost you the apartment — and the clause can't hurt you anyway.
- 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. South Dakota's small claims limit is $12,000. Filing costs around $40. 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. Sources verified against S.D. Codified Laws § 43-32-24 as of April 2026.
●Frequently Asked Questions
Frequently Asked Questions
Can my landlord in South Dakota make me sign a non-refundable deposit clause?
No. Security deposits are refundable by law in South Dakota. Any clause calling your deposit "non-refundable" is unenforceable under S.D. Codified Laws § 43-32-24. If you already signed it, that clause is void — the rest of your lease still applies.
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. Illegal clauses are void whether you sign them or not. Document it, keep a copy, and when the time comes, you can challenge it. If your landlord tries to enforce it, cite the statute and file in small claims if they don't back down.
Can my landlord keep my deposit for normal wear and tear in South Dakota?
No. Normal wear and tear — scuffed floors, minor nail holes, faded paint — cannot be deducted from your deposit in South Dakota under S.D. Codified Laws § 43-32-24. If your lease says otherwise, that clause is unenforceable.
How many days does my South Dakota landlord have to return my deposit?
Your landlord has 14 days after your tenancy ends to return your deposit under S.D. Codified Laws § 43-32-24. If they miss that deadline, penalties may apply.
Is a lease clause waiving my right to an itemized deduction list enforceable in South Dakota?
No. South Dakota requires landlords to provide an itemized list of deductions. You cannot waive this right, and any clause that says you do is void.
●PROTECTION
Your landlord is costing you money. We stop it.
- Junk Fee Auditor — Flags illegal charges hiding in your lease
- Rent Increase Analyzer — Checks if your hike exceeds the legal cap
- Deposit Photo Vault — Timestamped move-in/out evidence your landlord can’t dispute
- Free Demand Letter — State-specific letter generated in 2 minutes
Junk fees you can’t opt out of: ~$100/mo
Utility overcharges you can’t verify: ~$50/mo
Deposit interest your landlord pockets: ~$8/mo
Rent increase above legal cap: ~$35/mo
Total: ~$193/mo you’re probably losing.
DepositHawk Protection: $3/mo.
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.