South Dakota Security Deposit Rules — Limits & Returns
Common questions about deductions and timelines.
Deposit limits
The maximum security deposit in South Dakota is 1 month's rent §43-32-6.1; §43-32-24.
What can be deducted
Landlords may deduct for:
- Unpaid rent
- Damage beyond normal wear and tear
- Cleaning costs (if the unit was left in worse condition than at move-in)
- Other charges specifically authorized by the lease
Return timeline
Penalties for non-compliance
If the landlord fails to return the deposit within 21 days or withholds it in bad faith, the penalty is: lessor who fails to comply forfeits all rights to withhold any portion of the deposit; bad-faith retention or bad-faith failure to provide the written statement or itemized accounting subjects the lessor to punitive damages up to $200.
Protecting yourself
- Request your itemized deduction statement in writing if you do not receive it
- If the landlord does not respond, you may need to file a claim in small claims court
- Keep copies of your lease, move-in checklist, and all correspondence
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
Related guides
- Maximum: 1 month's rent
- Return deadline: 21 days
- Itemization required: yes
- Penalty for wrongful withholding: lessor who fails to comply forfeits all rights to withhold any portion of the deposit; bad-faith retention or bad-faith failure to provide the written statement or itemized accounting subjects the lessor to punitive damages up to $200