South Dakota · SD · updated 2026
In South Dakota, a landlord must return a security deposit within 21 calendar days
Quick answer
A South Dakota landlord has 21 calendar days after the tenancy ends to return your deposit or send an itemized list of deductions. Miss it in bad faith and the landlord can end up owing you more than the deposit itself.
Under South Dakota security deposit law, a South Dakota landlord has 21 calendar days to return your security deposit, counted from when the tenancy ends. By statute, the deposit is capped at 1 month's rent. If the landlord misses the deadline or keeps money you are owed, you can push back in writing and, if needed, in small claims court.
- Return deadline
- 21 calendar days
- Deadline counted from
- the tenancy ends
- Itemized statement
- Required
- Move-in condition list
- Not required by statute
- Maximum deposit
- 1 month's rent
- Interest on deposit
- Not required
Calculate your exact South Dakota deadline
Enter your move-out date to see the exact calendar date the deadline lands on. It runs on your device, so nothing you type is uploaded.
What a South Dakota landlord can deduct
- Unpaid rent and unpaid utilities you owe under the lease
- Repair of damage beyond ordinary wear and tear (not normal aging, fading, or minor marks)
- An itemized written statement of every deduction (South Dakota requires it, so ask for it in writing)
If the landlord withholds in bad faith
Landlord who fails to comply forfeits all rights to withhold any portion of the deposit; bad-faith retention or bad-faith failure to provide the statement/accounting subjects the landlord to punitive damages not to exceed $200.
How to get your deposit back in South Dakota
- Document the unit's condition at move-out with dated photos of every room (a move-in / move-out checklist keeps it organized).
- Confirm your exact return deadline with the deadline calculator.
- If the deadline passes, send a written demand letter citing the statute and the amount owed.
- If it is still ignored, you can file in small claims court.
Common South Dakota deposit disputes
- The deadline passed and you have heard nothing
- Send a written demand letter citing the statute and the amount owed. Keep proof you sent it.
- You got money back but disagree with the deductions
- South Dakota requires an itemized statement, so ask for it in writing first, then dispute anything charged as ordinary wear and tear.
- You are still deciding whether the case is worth it
- Confirm the exact deadline below, gather your dated move-out photos, and read the penalty your state allows before you commit.
Frequently asked
- How long does a landlord have to return a security deposit in South Dakota?
- In South Dakota, a landlord must return a security deposit within 21 calendar days.
- How much can a landlord charge for a security deposit in South Dakota?
- South Dakota caps the security deposit at 1 month's rent.
- Can my South Dakota landlord keep my deposit for cleaning or normal wear?
- Deductions are generally limited to unpaid rent and damage beyond ordinary wear and tear. South Dakota requires the landlord to give an itemized statement of deductions.
- Does a South Dakota landlord have to pay interest on my deposit?
- No. South Dakota does not require the landlord to pay interest on the security deposit.
- What if my South Dakota landlord wrongfully keeps my deposit?
- Landlord who fails to comply forfeits all rights to withhold any portion of the deposit; bad-faith retention or bad-faith failure to provide the statement/accounting subjects the landlord to punitive damages not to exceed $200.
Within 21 days of termination plus receipt of tenant's mailing address, landlord must return the deposit or give a written statement of the reason for withholding; full itemized accounting due within 45 days if tenant requests it. Cap is one month's rent. No interest required.