State law file

Security deposit law in South Dakota

Based on S.D. Codified Laws § 43-32-24 · Verification in progress

Last updated: April 2026Researched by DepositHawk Research Team

14 days

to return your deposit after move-out

South Dakota tenants can recover their full deposit plus court costs and attorney fees under S.D. Codified Laws § 43-32-24.

Under S.D. Codified Laws § 43-32-24, landlords in South Dakota must return security deposits within 14 days of move-out. Landlords must provide an itemized statement of deductions within 14 days.

Source: S.D. Codified Laws § 43-32-24. Independent verification in progress — confirm with the statute before relying on this deadline.

South Dakota security deposit at a glance

Return deadline: 14 days after move-out
Penalty for late return: Actual damages + additional penalty
Statute: S.D. Codified Laws § 43-32-24
Max deposit: 1 month's rent
Itemized statement required: Yes (within 14 days)
Walk-through required: No
Interest on deposit: No
Small claims limit: $12,000
Filing fee: ~$40
Statute of limitations: 6 years

Your rights under S.D. Codified Laws § 43-32-24

Under S.D. Codified Laws § 43-32-24, landlords in South Dakota must return a tenant's security deposit — or the balance after lawful deductions — within 14 days after the tenancy ends and the tenant vacates the unit. Along with the return, the landlord must provide a written, itemized statement of any deductions within 14 days. Failure to provide this statement is independently actionable.

If a landlord fails to return the deposit within 14 days, South Dakota law allows tenants to recover the withheld amount plus court costs and attorney fees.

What South Dakota landlords can — and can't — deduct

If your landlord charged you for anything in the right-hand column, you have grounds to dispute it under S.D. Codified Laws § 43-32-24.

Can deduct

Unpaid rent
Damage beyond normal wear and tear
Cleaning if lease requires and unit was left dirty
Lease-break fees if specified in lease
Costs to replace items tenant removed or kept

Permissible under South Dakota law when properly documented.

Cannot deduct — illegal

Normal wear and tear (minor scuffs, small nail holes, faded paint)
Carpet replacement after useful life (typically 7-10 years)
Painting after 2+ year tenancy (normal wear)
Pre-existing damage not noted at move-in
Upgrades or improvements beyond restoring to original condition
Costs to fix landlord deferred maintenance

Not a valid deduction — challenge it.

Small claims court in South Dakota

Court: Small Claims Court
Claim limit: $12,000
Filing fee: ~$40

If your landlord ignores your demand letter, small claims court is designed for exactly this kind of dispute. No lawyer is required — most tenants represent themselves. File in the county where the rental property is located. Bring your lease, move-out checklist, any written communications, and photos of the unit. The entire process typically takes 30–90 days from filing to judgment.

Frequently asked questions

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

Under S.D. Codified Laws § 43-32-24, landlords in South Dakota must return the security deposit within 14 days after the tenancy ends. They must also provide an itemized statement of any deductions within 14 days.

What happens if my South Dakota landlord doesn't return my deposit on time?

If a landlord fails to return the deposit within 14 days, South Dakota law allows tenants to recover the withheld amount plus court costs and attorney fees. You can send a formal demand letter and, if ignored, file in Small Claims Court without an attorney.

Can my landlord deduct for normal wear and tear in South Dakota?

No. Under S.D. Codified Laws § 43-32-24, normal wear and tear — including minor scuffs, small nail holes, and carpet worn from normal use — cannot be deducted from your security deposit in South Dakota. Only damage beyond normal wear and tear is a valid deduction.

How do I file a small claims case for my security deposit in South Dakota?

File in Small Claims Court in the county where the rental property is located. The filing fee is approximately $40, and South Dakota's small claims limit is $12,000. No lawyer is required. Bring your lease, move-out documentation, and any written communications with your landlord.

Check if your landlord owes you money

Now that you know your South Dakota rights — find out if your landlord violated them.

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Researching a specific landlord? Check the DepositHawk landlord ratings database — search by name or property management company to see deposit return history.

More South Dakota Guides

Tenant Rights→Lease Red Flags→Rent Increase Laws→Deposit Interest→Utility Billing→Early Termination→Small Claims Guide→Rental Fees→Rent Payment Proof→Application Fees→Roommate Rights→Move-In Checklist→Move-Out Checklist→Deposit Return Deadlines→How to Get Your Deposit Back→

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DepositHawk is not a law firm and does not provide legal advice. This information is based on S.D. Codified Laws § 43-32-24 as of 2026. Laws change. Verify current statutes at your state legislature's website. Consult a licensed attorney for advice specific to your situation.