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    South Dakota Security Deposit Law

    A South Dakota landlord may collect up to 1 month's rent as a security deposit, with 1 exception to that limit. It must refund the deposit, or an itemized list of deductions, within 21 calendar days after the triggering event.

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

    South Dakota deposit rules

    South Dakota security deposit rules at a glance
    RuleWhat the law says
    Deposit limit1 month's rent (with exceptions)SDCL § 43-32-6.1
    Return deadline21 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)
    Itemized deductionsRequiredSDCL § 43-32-24
    Interest on depositNot required statewideSDCL ch. 43-32 (§§ 43-32-6.1, 43-32-24 silent on interest)

    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

    Exceptions

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

    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))

    Itemized statement of 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 the deposit

    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)

    More South Dakota deposit rules

    Where the deposit is held

    South Dakota landlords may hold deposits in any account they choose, since the deposit statutes say nothing about escrow or segregation (SDCL §§ 43-32-6.1, 43-32-24). (SDCL § 43-32-6.1, SDCL § 43-32-24)

    Receipt or written notice of the deposit

    South Dakota does not require a written receipt for a security deposit (SDCL §§ 43-32-6.1, 43-32-24). (SDCL § 43-32-6.1, SDCL § 43-32-24)

    Move-in condition checklist

    No South Dakota statute requires a move-in checklist, though deductions are measured against the unit's condition when the tenancy began (SDCL § 43-32-24). (SDCL § 43-32-24)

    Pet deposits

    South Dakota has no pet-specific deposit statute; the one-month cap covers any deposit 'however denominated' but may be exceeded by agreement when special conditions threaten upkeep of the premises (SDCL § 43-32-6.1). (SDCL § 43-32-6.1, SDCL §§ 43-32-33 to 43-32-36)

    Nonrefundable fees

    South Dakota law does not ban or regulate nonrefundable fees; only money that secures performance of the lease counts as a capped, returnable security deposit (SDCL § 43-32-6.1). (SDCL § 43-32-6.1)

    Small-landlord exemptions

    South Dakota's deposit cap and return rules apply to every lessor of residential premises, with no carve-out for small or owner-occupied rentals (SDCL §§ 43-32-6.1, 43-32-24). (SDCL § 43-32-6.1, SDCL § 43-32-24)

    Deposit alternatives and installments

    South Dakota has no statute on surety bonds, deposit insurance or installment payment of deposits (SDCL ch. 43-32). (SDCL ch. 43-32)

    How South Dakota compares

    South Dakota shares its 1-month cap with 14 other states among the 50 states and DC. Its 21 days return window: 10 faster, 32 longer.

    South Dakota and neighboring states: security deposit rules
    StateDeposit limitReturn deadlineItemized deductions
    South Dakota1 month's rent (with exceptions)SDCL § 43-32-6.121 days after the triggering eventSDCL § 43-32-24 (as amended by SL 2026, ch 179)RequiredSDCL § 43-32-24
    North Dakota1 month's rent (with exceptions)30 days after move-outRequired
    MinnesotaNo state cap21 days after the lease endsRequired
    Iowa2 months' rent30 days after the lease endsRequired
    Nebraska1 month's rent (with exceptions)14 days after the lease endsRequired
    WyomingNo state cap30 days after the lease endsRequired
    MontanaNo state cap10 days after the lease endsRequired

    What changed in South Dakota

    • Return deadline — current rule in effect since July 1, 2026. Until July 1, 2026: Two weeks after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions.

    South Dakota deposit return deadline calculator

    Example: Deadline: Saturday, February 21, 2026

    21 calendar days after the triggering event on Saturday, January 31, 2026.

    This date falls on a Saturday. Some states extend a deadline that falls on a weekend or holiday to the next business day; check the statute.

    Weekend and holiday flags use the federal holidays in 5 U.S.C. § 6103; South Dakota state holidays are not checked.

    Maximum deposit in South Dakota

    Example: $2,000 a month

    Maximum deposit: $2,000 (1 month's rent × $2,000; SDCL § 43-32-6.1)

    Where an exception applies

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

    Put the deposit terms in a lease

    Write a deposit of no more than 1 month's rent and the 21-day return window into a South Dakota lease. Creating it is free with no card; an account is needed to save or e-sign.

    Create a South Dakota lease

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