South Dakota Security Deposit Law
South Dakota rules on security deposits for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: One month's rent, unless landlord and tenant agree to a larger deposit where special conditions pose a danger to maintenance of the premises. SDCL 43-32-6.1
The rules in South Dakota
| Security deposit limit | One month's rent, unless landlord and tenant agree to a larger deposit where special conditions pose a danger to maintenance of the premises. Source: SL 1976, ch 267, § 2. Source: SDCL 43-32-6.1 |
|---|---|
| Deposit return deadline | 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions: return the deposit or give a written statement of the specific reasons for withholding. RECENT CHANGE: 2026 Senate Bill 4 (SL 2026, ch 179, § 1), signed Feb. 12, 2026, changed the period from "two weeks" (14 days) to 21 days. The act has no emergency clause, so it took effect July 1, 2026 (SDCL 2-14-16). Tenancies that ended before July 1, 2026 were governed by the 14-day rule. Bill text: https://mylrc.sdlegislature.gov/api/Documents/300759.html Source: SDCL 43-32-24 |
| Itemized deductions | Written statement of the specific reason for any withholding within 21 days; if the tenant requests it, an itemized accounting of any amount withheld within 45 days after the tenancy ends. Deductions are limited to unpaid rent, other money owed under an agreement, and restoring the premises to move-in condition (ordinary wear and tear excepted). Statute text: "Within forty-five days after termination of the tenancy, upon request of the lessee, the lessor must provide the lessee with an itemized accounting." It does not say when the request must be made. Source: SDCL 43-32-24 |
| Interest on deposits | Not required by statute. No interest provision in Chapter 43-32. Source: SDCL Chapter 43-32 |
| Penalty for withholding | A landlord who does not comply loses all right to withhold any part of the deposit. Bad-faith retention, or bad-faith failure to provide the written statement or itemized accounting, adds punitive damages of up to $200. Small claims court may award these punitive damages (SDCL 15-39-45 makes an exception for 43-32-24 and 43-32-6). The 2026 amendment changed "statement and itemized accounting" to "statement or itemized accounting", so bad-faith failure to give either one triggers the penalty. Source: SDCL 43-32-24 |
Free calculators
- Security Deposit Deadline Calculator — See when your landlord must return your deposit, and the penalty your state sets if they don't.
Templates
Related questions
- How long does a landlord have to return a security deposit?
- How much can a landlord charge for a security deposit?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
South Dakota vs. neighboring states
| State | Security deposit limit | Deposit return deadline | Itemized deductions |
|---|---|---|---|
| South Dakota | One month's rent, unless landlord and tenant agree to a larger deposit where special conditions pose a danger to maintenance of the premises. SDCL 43-32-6.1 | 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions: return the deposit or give a written statement of the specific reasons for withholding. SDCL 43-32-24 | Written statement of the specific reason for any withholding within 21 days; if the tenant requests it, an itemized accounting of any amount withheld within 45 days after the tenancy ends. Deductions are limited to unpaid rent, other money owed under an agreement, and restoring the premises to move-in condition (ordinary wear and tear excepted). SDCL 43-32-24 |
| Iowa | Two months' rent. Iowa Code § 562A.12(1) | Within 30 days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the deposit or give a written statement of the specific reasons for withholding. If no address is provided within one year, the deposit reverts to the landlord. Iowa Code § 562A.12(3)-(4) | Written statement showing the specific reason for withholding any portion; if withheld for restoration, it must specify the nature of the damages. Allowed deductions: unpaid rent or other funds due under the lease, restoring the unit to move-in condition (ordinary wear and tear excepted), and costs of recovering possession from a tenant who fails in bad faith to vacate. Landlord bears the burden of proof. Iowa Code § 562A.12(3) |
| Minnesota | No statewide cap on the amount of a security deposit. Minn. Stat. § 504B.178 | Within three weeks after the tenancy ends (and after the landlord receives the tenant's mailing address or delivery instructions), return the deposit with interest or give a written statement of reasons for withholding. Within 5 days if the tenant must leave because the building is legally condemned (unless the tenant's own willful, malicious, or irresponsible conduct caused it). Minn. Stat. § 504B.178, subd. 3 | If any amount is withheld, the landlord must give a written statement showing the specific reason for the withholding. Deductions are limited to amounts reasonably necessary to cover rent or other payment defaults by the tenant, or to restore the unit to its move-in condition, ordinary wear and tear excepted. Minn. Stat. § 504B.178, subd. 3 |
| Montana | No statutory cap on the amount of a residential security deposit. Mont. Code Ann. Title 70, Ch. 25 (§§ 70-25-101 to 70-25-206) | 30 days after the tenancy ends (or after surrender and acceptance of the premises, whichever is first) when the landlord makes deductions; 10 days when there are no damages, no cleaning needed, no unpaid rent, and the tenant shows utilities are paid. Mont. Code Ann. § 70-25-202(1)(a)-(b) | Landlord must give the departing tenant a written list of rent due and damage/cleaning charges, with any refund, within 30 days. Failure to provide the list forfeits all rights to withhold any part of the deposit for damage or cleaning. Cleaning deductions require prior written notice listing the cleaning needed; the tenant then has 24 hours to do it. Mont. Code Ann. §§ 70-25-201(3), 70-25-202, 70-25-203 |
| Nebraska | One month's periodic rent (any security however labeled). A separate pet deposit of up to one-fourth of one month's periodic rent may also be charged. Neb. Rev. Stat. § 76-1416 | 14 days after the tenancy terminates (balance plus written itemization delivered or mailed; if no forwarding address is given, mail first-class to the last-known address). Neb. Rev. Stat. § 76-1416 | Required: a written itemization of the amounts withheld must accompany the returned balance within 14 days. Neb. Rev. Stat. § 76-1416 |
| North Dakota | One month's rent. Up to two months' rent allowed from a tenant with a felony conviction (as an incentive to rent) or with a prior judgment for violating a rental agreement. A separate pet deposit (not for service/assistance animals) may not exceed the greater of $2,500 or two months' rent. N.D.C.C. § 47-16-07.1(1)-(2) | Within 30 days after the lease ends and the tenant delivers possession N.D.C.C. § 47-16-07.1(3) | Any portion not returned must be itemized; the itemization, the amount due, and a written notice stating any amount still owed or refund due must be delivered or mailed within 30 days. Allowed deductions: damage from the tenant's pet or negligence of the tenant/guests, unpaid rent, and cleaning/repairs needed to restore the unit to move-in condition, reasonable wear and tear excepted. N.D.C.C. § 47-16-07.1(3) |
| Wyoming | No statutory cap on the amount of a deposit. W.S. 1-21-1207, 1-21-1208 | Within 30 days after the rental agreement ends, or within 15 days after the landlord receives the renter's new mailing address, whichever is later. If the unit is damaged, the deadline is extended by 30 days. W.S. 1-21-1208(a) | Landlord must deliver or mail a written itemization of deductions, with reasons, together with any balance. Allowed deductions: accrued rent, damage beyond reasonable wear and tear, the cost of cleaning to move-in condition, and other costs provided by contract. W.S. 1-21-1208(a) |
City rules that may add to state law
More South Dakota rental law
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- South Dakota Rent Increase & Late Fee Laws
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- Squatters' Rights in South Dakota
- South Dakota Rental Fee Rules
- South Dakota Section 8, Records & Right to Counsel
- South Dakota Mold, Pests, Heat & AC Rules
- South Dakota Privacy, Guests & Animal Rules
- South Dakota Landlord Selling the House
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- Free legal help in South Dakota
Compare security deposits in all 50 states and DC →
South Dakota Security Deposit Law FAQ
How much can a landlord charge for a security deposit in South Dakota?
One month's rent, unless landlord and tenant agree to a larger deposit where special conditions pose a danger to maintenance of the premises. (SDCL 43-32-6.1)
How long does a landlord have to return a security deposit in South Dakota?
21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions: return the deposit or give a written statement of the specific reasons for withholding. (SDCL 43-32-24)
Does a landlord in South Dakota have to give an itemized list of deposit deductions?
Written statement of the specific reason for any withholding within 21 days; if the tenant requests it, an itemized accounting of any amount withheld within 45 days after the tenancy ends. Deductions are limited to unpaid rent, other money owed under an agreement, and restoring the premises to move-in condition (ordinary wear and tear excepted). (SDCL 43-32-24)
Does a landlord have to pay interest on a security deposit in South Dakota?
Not required by statute. (SDCL Chapter 43-32)
What happens if a landlord in South Dakota wrongfully keeps a security deposit?
A landlord who does not comply loses all right to withhold any part of the deposit. Bad-faith retention, or bad-faith failure to provide the written statement or itemized accounting, adds punitive damages of up to $200. (SDCL 43-32-24)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.