The cap is 1 month's rent. The return deadline is Two weeks (14 days) after termination if no deductions; longer accounting windows apply when deductions require estimates—commonly within 45 days with itemization under related provisions. Interest: No statewide interest requirement. That is what separates South Dakota getting a security deposit back from a generic national summary. Read S.D. Codified Laws § 43-32-24 before the background sections below. Wrongful withholding can support damages of the deposit amount plus a civil penalty under South Dakota landlord-tenant statutes.
When the deposit must be returned
Two weeks (14 days) after termination if no deductions; longer accounting windows apply when deductions require estimates—commonly within 45 days with itemization under related provisions
Interest and accounting
No statewide interest requirement.
Penalties for wrongful withholding
Wrongful withholding can support damages of the deposit amount plus a civil penalty under South Dakota landlord-tenant statutes.
A concrete South Dakota scenario
Here is one way the South Dakota pieces fit together. Change any fact and the statute may point somewhere else.
A residential tenant moves out of a South Dakota rental and the landlord has not returned the deposit.
- Check the cap that applied when the deposit was collected: 1 month's rent.
- Calendar the return deadline: Two weeks (14 days) after termination if no deductions; longer accounting windows apply when deductions require estimates—commonly within 45 days with itemization under related provisions
- Interest, if any: No statewide interest requirement.
- If the landlord keeps money without the required accounting: Wrongful withholding can support damages of the deposit amount plus a civil penalty under South Dakota landlord-tenant statutes.
South Dakota generally caps deposits at one month’s rent and requires prompt return with an itemization of deductions. Document unit condition. Small claims is the usual forum.
Practical process for tenants and landlords
South Dakota generally caps deposits at one month’s rent and requires prompt return with an itemization of deductions. Document unit condition. Small claims is the usual forum.
Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.
Related South Dakota guides
- How to file for divorce in South Dakota
- Child custody and parenting time in South Dakota
- DUI penalties in South Dakota
Case law: security deposits in South Dakota
Sherry K. SMITH, as Personal Representative of Mary K. ROSS and as Guardian of Kristian K. Ross, Plaintiff and
…key was lost, the cost would be deducted from the tenant’s security deposit. A tenant could inform the manager by phone, in writing, or in person, that a key was lost and a lock change was needed. [¶ 3.] When Ross’s friend, Amy Power, experienced marital difficulties, Ross allowed Amy to live in the apartment. She gave Amy a key. From the limited facts in the record, it appear…
Sherry K. SMITH, as Personal Representative of Mary K. ROSS and as Guardian of Kristian K. Ross, Plaintiff and is worth reading on South Dakota security deposits because the court put the point in its own words: "A tenant could inform the manager by phone, in writing, or in person, that a key was lost and a lock change was needed. [¶ 3.] When Ross’s friend, Amy Power, experienced marital difficulties, Ross allowed Amy to live in the apartment. She gave Amy a key." Use that passage as the starting point, then read the facts that precede it.
Michael J. O’CONNOR and Barbara M. O’Connor, Plaintiffs and Appellants, v. Vernell E. KING and Dianne K. King
…the purchase price of up to $4,800 for rent paid, plus $800 security deposit required by the lease and made by Kings. Kings exercised their option to purchase on June 15, 1987. After this, O’Connors and Kings entered into a contract for deed (contract) for the sale of the townhouse. The $5,600 credit constituted the down payment under the contract. The contract provided for mon…
Michael J. O’CONNOR and Barbara M. O’Connor, Plaintiffs and Appellants, v. Vernell E. KING and Dianne K. King is worth reading on South Dakota security deposits because the court put the point in its own words: "Kings. Kings exercised their option to purchase on June 15, 1987. After this, O’Connors and Kings entered into a contract for deed (contract) for the sale of the townhouse. The $5,600 credit constituted the down payment under the contract." Use that passage as the starting point, then read the facts that precede it.
Bonnie D. HOY, Plaintiff and Appellant, v. John M. HOY, Defendant and Appellee
…nt child support obligation by half, and vacated the escrow security deposit. However, it reaffirmed the lien imposed upon John’s one-half interest in the Watertown house. Bonnie claims that the trial court erred in finding a substantial and material change in John’s ability to provide support for his children. We disagree. SDCL 25-4-45 grants the trial court continuing jurisdi…
Practitioners open Bonnie D. HOY, Plaintiff and Appellant, v. John M. HOY, Defendant and Appellee when South Dakota security deposits turns on the distinction in this sentence: "However, it reaffirmed the lien imposed upon John’s one-half interest in the Watertown house. Bonnie claims that the trial court erred in finding a substantial and material change in John’s ability to provide support for his children. We disagree." Do not lift it out of the facts the court was deciding.
Laura PETERS, Plaintiff and Appellee, v. BARKER & LITTLE, INC., — Konenkamp, J., concurring in part and dissenting
…f from the rental unit on September 13, 2002; 2. Plaintiffs security deposit of $495 under SDCL 43-32-6 for the September 12, 2002 lockout; 3. Plaintiffs advance rent paid as of September 13, 2002, totaling $247, under SDCL 43-32-6; 4. $990 in statutory damages under SDCL 43-32-6, for removing plaintiffs personal property from the rental unit on September 18, 2002; 5. Damages t…
South Dakota opinions such as Laura PETERS, Plaintiff and Appellee, v. BARKER & LITTLE, INC., — Konenkamp, J., concurring in part and dissenting are cited where security deposits is disputed. The court stated: "September 13, 2002; 2. Plaintiffs security deposit of $495 under SDCL 43-32-6 for the September 12, 2002 lockout; 3. Plaintiffs advance rent paid as of September 13, 2002, totaling $247, under SDCL 43-32-6; 4." That is the language to brief; the rest of the decision supplies the procedural posture.
Marvin D. TRUHE, Plaintiff and Appellee, v. the TURNAC GROUP, L.L.C., a South Dakota Limited Liability Company
…Damages included reimbursement for May and June rent and a security deposit less unexpended improvements to the premises prorated to the date of departure. 6 . In the alternative, the trial court found that Landlord was estopped from enforcing the lease due to Sabow's statements, representations, and actions upon which Tenant relied to his detriment. Also in the alternative, t…
South Dakota opinions such as Marvin D. TRUHE, Plaintiff and Appellee, v. the TURNAC GROUP, L.L.C., a South Dakota Limited Liability Company are cited where security deposits is disputed. The court stated: "Damages included reimbursement for May and June rent and a security deposit less unexpended improvements to the premises prorated to the date of departure. 6 ." That is the language to brief; the rest of the decision supplies the procedural posture.
Smith v. Lagow Construction & Development
Smith v. Lagow Construction & Development, 2002 SD 37 (2002)
…ey was lost, the cost would be deducted from the tenantâs security deposit. A tenant could inform the manager by phone, in writing, or in person, that a key was lost and a lock change was needed. [¶3.] When Ross's friend, Amy Power, experienced marital difficulties, Ross allowed Amy to live in the apartment. She gave Amy a key. From the limited facts in the record, it appear…
Practitioners open Smith v. Lagow Construction & Development when South Dakota security deposits turns on the distinction in this sentence: "A tenant could inform the manager by phone, in writing, or in person, that a key was lost and a lock change was needed. [¶3.] When Ross's friend, Amy Power, experienced marital difficulties, Ross allowed Amy to live in the apartment. She gave Amy a key." Do not lift it out of the facts the court was deciding.
Key takeaways
- Maximum deposit: 1 month's rent
- Return deadline: Two weeks (14 days) after termination if no deductions; longer accounting windows apply when deductions require estimates—commonly within 45 days with itemization under related provisions
- Interest: No statewide interest requirement.
- Penalties: Wrongful withholding can support damages of the deposit amount plus a civil penalty under South Dakota landlord-tenant statutes.
- Primary authority: S.D. Codified Laws § 43-32-24.
Deposit limits in South Dakota
1 month's rent
Frequently asked questions
How much can a landlord charge for a security deposit in South Dakota?
1 month's rent
How long does a landlord have to return my deposit?
Two weeks (14 days) after termination if no deductions; longer accounting windows apply when deductions require estimates—commonly within 45 days with itemization under related provisions
What if my landlord keeps the deposit without an itemized list?
Wrongful withholding can support damages of the deposit amount plus a civil penalty under South Dakota landlord-tenant statutes.
This guide covers South Dakota residential security-deposit law as of 2026. Commercial leases and local ordinances can differ — verify the statute that applies to your unit.