South Dakota Law: Plain-English Guides

Key South Dakota facts

Security deposit 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. SDCL 43-32-24

Eviction notice for unpaid rent

No statutory notice to quit. The landlord may file a forcible entry and detainer (eviction) action once rent has been unpaid for three days after it is due. SDCL 21-16-1(4); SDCL 21-16-6; SDCL 21-16-2 (repealed)

Small claims limit

$12,000, not including allowable costs or attorney fees. Punitive damages are generally not available. SDCL 15-39-45, 15-39-45.1

Small estate affidavit

Personal property: 30 days after death, a successor may collect money owed to the decedent and the decedent's personal property (including bank accounts and securities) by affidavit if the entire estate, wherever… SDCL 29A-3-1201; SDCL 29A-3-1203

Minimum wage

$11.85 per hour for non-tipped employees, effective January 1, 2026. The rate is adjusted every January 1 for the cost of living and can never go down. SDCL ch. 60-11

Final paycheck if fired

Due no later than the next regular payday for the period worked. The employer may hold the final check until the employee returns all company property. SDCL § 60-11-10

Time limit to sue on a debt

6 years for an action on a contract, obligation or liability, express or implied. South Dakota uses the same period for written and oral contracts. SDCL 15-2-13(1)