South Dakota Security Deposit Statute
The key South Dakota security deposit provisions are S.D. Codified Laws Sections 43-32-6.1 and 43-32-24. This page translates the parts renters usually need most.
Deposit cap
Section 43-32-6.1 generally limits a residential security deposit to one month's rent. A larger deposit may be agreed to only when special conditions pose a danger to maintenance of the premises.
Return or written reason
Section 43-32-24 requires the landlord to return the deposit or provide a written statement showing the specific reason for withholding within 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions.
Requested itemized accounting
If the tenant requests an itemized accounting of any deposit withheld, the landlord must provide it within 45 days after termination of the tenancy. Make the request in writing and keep proof.
Deduction limits and remedies
The statute limits withholding to rent, other funds due under an agreement, and restoration beyond ordinary wear and tear. Noncompliance can forfeit the landlord's right to withhold. Bad-faith retention or bad-faith failure to provide required written information may support punitive damages up to $200.
Sources used for this guide
Source reviewed: April 2026.
Related pages
Four South Dakota letters organized around the statute, timing, and proof.
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