State law file
Security deposit law in South Dakota
Based on S.D. Codified Laws § 43-32-24 · Verified 2026-09-25
South Dakota's deadline for returning a deposit is set by S.D. Codified Laws § 43-32-24. We haven't finished checking that statute's day count against the official text, so this page doesn't calculate a deadline date for you.
South Dakota's deadline for returning a deposit is set by S.D. Codified Laws § 43-32-24. Landlords must also provide an itemized statement of deductions.
Source: S.D. Codified Laws § 43-32-24. Verified 2026-09-25.
Your rights under S.D. Codified Laws § 43-32-24
In South Dakota, a landlord must return a tenant's full security deposit and explain every deduction in writing. The exact number of days South Dakota allows, and the penalty for missing that window, is still being checked against S.D. Codified Laws § 43-32-24.
South Dakota's deadline for returning a deposit is set by S.D. Codified Laws § 43-32-24. The landlord must also provide a written, itemized statement of any deductions. Failure to provide this statement is independently actionable.
South Dakota's deadline for returning a deposit is set by S.D. Codified Laws § 43-32-24. We haven't finished checking that statute's day count against the official text, so this page doesn't calculate a deadline date for you.
What South Dakota landlords can — and can't — deduct
Landlords in South Dakota may deduct for unpaid rent or documented damage, but cannot charge tenants for normal wear and tear like faded paint or minor scuffs. Every deduction must be itemized in writing. Pre-existing damage not noted at move-in cannot be charged either.
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. The normal wear and tear guide has more examples.
Small claims court in South Dakota
In South Dakota, a tenant can sue for a wrongfully withheld deposit in small claims court, where the limit is $12,000. Filing there costs about $40.84. Small claims filings generally do not require hiring a lawyer to appear. Tenants who win generally have 6 years to bring a claim over a wrongful deduction.
South Dakota's small claims limit is $12,000, and filing a case there costs about $40.84.
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?
South Dakota's deadline for returning a deposit is set by S.D. Codified Laws § 43-32-24. We haven't finished checking that statute's day count against the official text, so this page doesn't calculate a deadline date for you. They must also provide an itemized statement of any deductions.
What happens if my South Dakota landlord doesn't return my deposit on time?
South Dakota's deadline for returning a deposit is set by S.D. Codified Laws § 43-32-24. We haven't finished checking that statute's day count against the official text, so this page doesn't calculate a deadline date for you. You can send a formal demand letter and, if ignored, file in Magistrate Court, Small Claims Division 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 Magistrate Court, Small Claims Division in the county where the rental property is located. Filing costs about $40.84, 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.
My landlord isn't responding to calls or texts — now what?
Put it in writing. A demand letter citing S.D. Codified Laws § 43-32-24 names the deadline your landlord was under and the penalty the statute allows, and gives them a specific date to respond by. Sent by certified mail, it also creates a record of the date it went out and the address it reached — the kind of documentation Magistrate Court, Small Claims Division expects if the dispute goes that far.
What your letter looks like
A South Dakota demand letter opens like this
Every letter cites S.D. Codified Laws § 43-32-24 and calculates the amounts from your own numbers. This sample uses a $1,750 deposit with $300 returned.
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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.
Ready to mail your letter? Send it by certified mail so you have proof of the date it went out and the date it arrived. Already wrote your own? Run it through the free letter checker before you send it. Still building your evidence file? The move-out photo checklist covers exactly what to document before you hand back the keys. If your landlord ignores the letter, the South Dakota small claims guide walks through filing without a lawyer. For the whole process in one place, read what to do when a landlord won't return your deposit. A chatbot can draft a letter like this one, but it can't mail it by certified mail or search your landlord's eviction-filing history — DepositHawk does both.
More South Dakota Guides
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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.
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