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South Dakota security deposit law

Read from the statute itself on 2026-11-09. Statewide rule; a city or county can add its own.

Maximum deposit
1 month of rent
Return deadline
21 days
Interest
Not required by the statute

Capped at one month's rent unless special conditions pose a danger to maintenance of the premises. Since July 2026 it is due within twenty-one days (previously two weeks) after the tenancy ends and the landlord receives the tenant's address. Bad-faith retention: punitive damages up to $200.

Calculate it for your rent

Maximum legal deposit
$2,500
Up to 1 month of rent under S.D. Codified Laws §§ 43-32-6.1, 43-32-24 (as amended by SL 2026, ch. 179).
Return deadline
21 days
Within 21 days after the tenancy ends and the landlord receives the tenant's mailing address: the deposit, or a written statement of reasons for keeping it. An itemized accounting follows within 45 days on request.
Interest required
No
Not required by the statute
South Dakota: Capped at one month's rent unless special conditions pose a danger to maintenance of the premises. Since July 2026 it is due within twenty-one days (previously two weeks) after the tenancy ends and the landlord receives the tenant's address. Bad-faith retention: punitive damages up to $200.

South Dakota: common questions

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

Up to 1 month of rent under S.D. Codified Laws §§ 43-32-6.1, 43-32-24 (as amended by SL 2026, ch. 179). Capped at one month's rent unless special conditions pose a danger to maintenance of the premises. Since July 2026 it is due within twenty-one days (previously two weeks) after the tenancy ends and the landlord receives the tenant's address. Bad-faith retention: punitive damages up to $200.

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

21 days. Within 21 days after the tenancy ends and the landlord receives the tenant's mailing address: the deposit, or a written statement of reasons for keeping it. An itemized accounting follows within 45 days on request.

Not legal advice. Confirm with a local landlord-tenant attorney before relying on a figure.

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