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South Dakota security deposit law: deadline, deductions and penalties

Quick answer

In South Dakota, a landlord has 21 days to return the security deposit or send an itemized list of deductions (S.D. Codified Laws § 43-32-24). Under South Dakota law, a landlord who keeps a deposit in bad faith can owe the amount withheld plus up to $200.

Checked against the statute on October 29, 2026.

21

days for a South Dakota landlord to return the deposit or itemize deductions

The deadline

Within 21 days after the tenancy ends and the landlord receives the tenant's mailing address, the landlord must return the deposit or give a written statement of the specific reasons for keeping any part.

What the landlord must send you

A written statement of the reasons for withholding, and on request, an itemized accounting within 45 days after the tenancy ends.

If the landlord misses the deadline

A landlord who doesn't comply forfeits all rights to withhold any portion of the deposit (S.D. Codified Laws § 43-32-24).

Penalty for wrongful withholding

Bad-faith retention, or bad-faith failure to give the statement or accounting, can add punitive damages of up to $200 (S.D. Codified Laws § 43-32-24).

Your forwarding address

South Dakota's 21 days run from receiving your mailing address. The letter includes yours.

Read the law

Summary checked against the statute on October 29, 2026. Not legal advice; laws change, so confirm with the source before relying on it.

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Did the landlord send you a written, itemized list of deductions?

South Dakota security deposit FAQ

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

Within 21 days after the tenancy ends and the landlord receives the tenant's mailing address, the landlord must return the deposit or give a written statement of the specific reasons for keeping any part.

What must a South Dakota landlord send when keeping part of the deposit?

A written statement of the reasons for withholding, and on request, an itemized accounting within 45 days after the tenancy ends.

What happens if a South Dakota landlord misses the deadline?

A landlord who doesn't comply forfeits all rights to withhold any portion of the deposit (S.D. Codified Laws § 43-32-24).

What is the penalty for wrongfully keeping a security deposit in South Dakota?

Bad-faith retention, or bad-faith failure to give the statement or accounting, can add punitive damages of up to $200 (S.D. Codified Laws § 43-32-24).

Do I need to give my South Dakota landlord a forwarding address?

South Dakota's 21 days run from receiving your mailing address. The letter includes yours.

How do I get my security deposit back in South Dakota?

Give your landlord a forwarding address in writing, wait for the 21 days deadline, then send a demand letter by certified mail that cites S.D. Codified Laws § 43-32-24 and sets a payment date. If the landlord still doesn't pay, you can file in small claims court in the county where the rental is located.

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