South Dakota Statewide Rule

South Dakota Security Deposit Law: 1-Month Cap, 14-Day Return

Some RestrictionsApplies statewide across South Dakota (2026)

Key Facts

Deposit cap: One month's rent (SDCL 43-32-6.1)
Larger deposit: By written agreement for special conditions
Return deadline: Two weeks after termination, address given
Itemized accounting: Within 45 days on tenant request
Penalty: Withholding forfeited; up to $200 punitive
Statute: SDCL 43-32-6.1 and 43-32-24

Last verified: August 20, 2026

Summary

South Dakota caps a residential security deposit at one month's rent (larger by written agreement when special conditions endanger the premises). Under SDCL 43-32-24, the landlord must return it or give written reasons within two weeks after the tenancy ends and the tenant provides a mailing address.

SDCL 43-32-6.1 Maximum security deposit for residential premises--Larger deposit by mutual agreement. 43-32-6.1 . Maximum security deposit for residential premises--Larger deposit by mutual agreement. Any deposit of money, the function of which is to secure the performance of a residential rental agreement or any part of such an agreement, shall be deemed to be a security deposit. A lessor of residential premises may not demand or receive a security deposit, however denominated, in an amount or value in excess of one month's rent except that a larger deposit may be agreed upon between the lessor and the lessee where special conditions pose a danger to maintenance of the premises.

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Full Breakdown

SDCL 43-32-6.1 bars a residential lessor from demanding a security deposit exceeding one month's rent, except a larger deposit may be agreed in writing where special conditions pose a danger to the premises. Under SDCL 43-32-24, within two weeks after termination and receipt of the tenant's mailing address, the lessor must return the deposit or furnish a written statement of the specific reason for withholding. Deductions cover unpaid rent, other sums due, and restoring the unit to move-in condition, ordinary wear excepted. On the tenant's request, an itemized accounting is due within 45 days.

Violations & Penalties

Under SDCL 43-32-24, a lessor who fails to comply forfeits all rights to withhold any portion of the deposit. Bad faith retention of a deposit, or bad faith failure to provide the required written statement or itemized accounting, subjects the lessor to punitive damages not to exceed two hundred dollars.

Frequently Asked Questions

How much can a landlord charge for a security deposit in South Dakota?

No more than one month's rent. SDCL 43-32-6.1 bars a residential landlord from demanding a deposit exceeding one month's rent, except a larger deposit may be agreed in writing where special conditions pose a danger to the premises.

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

Within two weeks after the tenancy ends and the landlord receives the tenant's mailing address, the landlord must return the deposit or provide a written statement of the specific reasons for withholding (SDCL 43-32-24). On request, an itemized accounting is due within 45 days.

What can a landlord deduct from a security deposit in South Dakota?

Only amounts reasonably necessary to remedy the tenant's unpaid rent and other funds due under the agreement, and to restore the premises to their condition at the start of the tenancy, ordinary wear and tear excepted (SDCL 43-32-24).

Sources

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