State Law Guide · Updated January 2026
South Dakota Security Deposit Laws
Under South Dakota Codified Laws § 43-32-24, South Dakota landlords must return security deposits within 14 days (45 days if lease says so) of a tenant moving out. Landlords who wrongfully withhold deposits face penalties of up to Up to 2x the deposit wrongfully withheld plus $200.
Quick Answer
In South Dakota, landlords have 14 days (45 days if lease says so) to return your security deposit after you move out and provide a forwarding address. The maximum deposit is 1 month's rent. If your landlord wrongfully withholds your deposit, you can sue in Small Claims Court (up to $12,000) and may recover Up to 2x the deposit wrongfully withheld plus $200 under South Dakota Codified Laws § 43-32-24. Landlords must provide an itemized statement of deductions.
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What South Dakota Law Requires
Return Deadline
Landlords have exactly 14 days (45 days if lease says so) to return your deposit after you move out. If they make deductions, they must provide an itemized statement explaining each charge with documentation.
Penalties for Violations
Landlords who wrongfully withhold deposits face Up to 2x the deposit wrongfully withheld plus $200. You can file in small claims court for amounts up to $12,000without needing an attorney.
Interest Requirements
No interest requirement
Common Deductions Landlords Make
Federal guidelines from HUD and the IRS establish "useful life" standards that limit what landlords can charge. Many common deductions are partially or fully invalid under these guidelines.
Carpet Replacement
Typical: $400-1,3005-year useful life per HUD MAP Guide Appendix 5C. Charges may be reduced or invalid based on how long you lived there.
Heating System
Typical: $200-60015-year useful life per IRS Publication 527. Charges may be reduced or invalid based on how long you lived there.
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HUD/IRS Citations
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Frequently Asked Questions
How long does a South Dakota landlord have to return my deposit?
Default is 14 days—one of the shortest in the U.S. Leases may extend this to 45 days.
What is the deposit limit in South Dakota?
South Dakota caps deposits at 1 month's rent. Excess amounts are recoverable.
What penalties exist for South Dakota landlords?
Wrongful withholding can result in 2x the deposit plus $200 penalty.
Official Resources
- South Dakota Attorney General Consumer Protection(Government)
- East River Legal Services(Legal Aid)
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Based on South Dakota Codified Laws § 43-32-24 · HUD Handbook 4350.1 · IRS Publication 527