South Dakota Landlord-Tenant Law

South Dakota caps most security deposits at 1 month's rent (1 exception applies), and requires its return within 21 days after the triggering event; landlords give 24 hours' notice before entering, and no statewide rent-control law applies.

Last verified: 2026-10-30 · Researched and cited by MakeLease · not yet attorney-reviewed

Security deposits in South Dakota

Maximum deposit

Landlords may not demand a security deposit above one month's rent unless landlord and tenant agree to more because special conditions pose a danger to maintenance of the premises (SDCL § 43-32-6.1). (SDCL § 43-32-6.1)

One month's rent; a larger deposit may be agreed when special conditions pose a danger to maintenance of the premises

Landlord and tenant agree to a larger deposit because special conditions pose a danger to maintenance of the premises (e.g., a pet): no cap applies

Return deadline

Landlords must return the deposit, or give a written statement of the specific reasons for keeping any of it, within 21 days after the tenancy ends and the tenant provides a mailing address or delivery instructions (SDCL § 43-32-24). (SDCL § 43-32-24 (as amended by SL 2026, ch 179), 2026 S.D. Sess. Laws ch. 179 (SB 4), § 1, SDCL § 2-14-16 (acts without an effective-date clause take effect July 1))

In effect since July 1, 2026.
Before July 1, 2026: Two weeks after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions.

Itemized deductions

A landlord keeping any of the deposit must give a written statement of the specific reasons within 21 days, and on the tenant's request must provide an itemized accounting within 45 days after the tenancy ends (SDCL § 43-32-24). (SDCL § 43-32-24)

Interest on deposits

South Dakota law does not require landlords to pay interest on security deposits (SDCL §§ 43-32-6.1, 43-32-24, silent). (SDCL ch. 43-32 (§§ 43-32-6.1, 43-32-24 silent on interest))

Penalty for wrongful withholding

A landlord who misses the deposit rules forfeits the right to keep any of the deposit, and bad-faith retention or failure to give the required statement or accounting adds punitive damages of up to $200 (SDCL § 43-32-24). (SDCL § 43-32-24)

South Dakota security deposit law and return-deadline calculator

South Dakota late fees

Late-fee limit

South Dakota sets no cap on residential late fees; any late fee is whatever the lease provides (SDCL ch. 43-32, silent). (SDCL ch. 43-32 (no section limits late fees))

Grace period

South Dakota sets no grace period before a late fee may be charged; rent is due when the lease says (SDCL § 43-32-12). (SDCL § 43-32-12 (rent due as agreed); ch. 43-32 has no grace period)

Landlord entry in South Dakota

Give reasonable notice before entering, presumed to be 24 hours in writing listing the date, a business-hours window, the purpose and a way to reschedule, unless there is an emergency (SDCL § 43-32-32). (SDCL § 43-32-32)

Standard: Reasonable notice, presumed to be 24 hours' written notice stating the date(s), a time window during normal business hours, the purpose, and how to reschedule; entry only at reasonable times; lease may set other methods; no notice in an emergency or where impracticable

Ending a month-to-month tenancy in South Dakota

A South Dakota month-to-month tenancy renews automatically unless either party gives notice at least one month before the period ends (SDCL § 43-32-15). (SDCL § 43-32-15)

Landlord: 30 days · Tenant: 30 days

Notice must be at least as long as the rental period, capped at one month (e.g. one week for week-to-week).

Rent increase notice in South Dakota

To raise rent on a month-to-month lease, a South Dakota landlord must give written notice at least 30 days before the month ends, and the tenant may respond within 15 days by ending the lease (SDCL § 43-32-13). (SDCL § 43-32-13)

Month-to-month only; notice must arrive at least 30 days before the end of the month, and the tenant may then terminate effective the first of the next month by giving notice within 15 days

Rent control in South Dakota

South Dakota has no rent control law; the lease chapter (SDCL ch. 43-32) lets landlords change month-to-month terms on 30 days' written notice but sets no limit on the amount of rent. (SDCL ch. 43-32, SDCL § 43-32-13)

Required lease disclosures in South Dakota

Tell any tenant or prospective tenant if you know methamphetamine was ever manufactured in the unit, and give the federal lead-paint disclosure for pre-1978 housing (SDCL § 43-32-30; 42 U.S.C. § 4852d). (SDCL § 43-32-30)

Known prior manufacturing of methamphetamine on the premises (only for the affected unit in multi-unit buildings) (To any tenant or prospective tenant, when the landlord has actual knowledge) — SDCL § 43-32-30
Lead-based paint disclosure and EPA pamphlet (Housing built before 1978) — 42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F

Eviction notices in South Dakota

Unpaid rent

Since July 1, 2024, South Dakota law requires no written notice to quit before an eviction for unpaid rent; a landlord may file a forcible entry and detainer action once rent is 3 days past due, unless the lease requires notice (SDCL § 21-16-1(4); SB 90 (2024) repealed § 21-16-2). (SDCL § 21-16-1(4), SDCL § 21-16-2 (repealed), SB 90 (2024), enrolled, SL 2024 ch 75, SDCL § 2-14-16)

In effect since July 1, 2024.
Before July 1, 2024: A 3-day written notice to quit was required before filing for nonpayment or holdover (former SDCL § 21-16-2).

Lease violations

South Dakota law sets no notice-to-cure or notice-to-quit period for lease violations; a landlord may end the lease for a use contrary to it and file a forcible entry and detainer action when the tenant's act ends the lease under its terms (SDCL §§ 43-32-18, 21-16-1(7)). (SDCL § 43-32-18, SDCL § 21-16-1(7), SB 90 (2024), enrolled, SL 2024 ch 75)

In effect since July 1, 2024.

South Dakota compared with neighbouring states

South Dakota and its neighbours on five headline rules
State	Deposit cap	Deposit return	Late fee	Entry notice	Rent control
South Dakota	1 month's rent (with exceptions)SDCL § 43-32-6.1	21 days after the triggering eventSDCL § 43-32-24 (as amended by SL 2026, ch 179), 2026 S.D. Sess. Laws ch. 179 (SB 4), § 1, SDCL § 2-14-16 (acts without an effective-date clause take effect July 1)	No state cap; grace: no state grace periodSDCL ch. 43-32 (no section limits late fees), SDCL § 43-32-12 (rent due as agreed); ch. 43-32 has no grace period	24 hours' noticeSDCL § 43-32-32	No statewide rent controlSDCL ch. 43-32, SDCL § 43-32-13
North Dakota	1 month's rent (with exceptions)	30 days after move-out	No state cap; grace: no state grace period	No fixed number of hours	None; cities barred from adopting it
Minnesota	No state cap	21 days after the lease ends	Statutory formula; grace: no state grace period	24 hours' notice	None; cities barred from adopting it
Iowa	2 months' rent	30 days after the lease ends	Statutory standard, no fixed amount; grace: no state grace period	24 hours' notice	None; cities barred from adopting it
Nebraska	1 month's rent (with exceptions)	14 days after the lease ends	No state cap; grace: no state grace period	24 hours' notice	None; cities barred from adopting it
Wyoming	No state cap	30 days after the lease ends	No state cap; grace: no state grace period	No state rule	No statewide rent control
Montana	No state cap	10 days after the lease ends	No state cap; grace: no state grace period	24 hours' notice	No statewide rent control

Writing a South Dakota lease

The South Dakota residential lease agreement page turns these rules into a one-page table and a disclosure checklist. MakeLease generates a customizable lease; add these South Dakota disclosures and terms.

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