South Dakota Security Deposit Limits & Deadlines Explained

If you’re renting in South Dakota, understanding your rights regarding security deposits can help prevent disputes and make moving out much smoother. This guide explains the maximum amount a landlord can charge for a deposit, when you should get it back, and what steps to take if there are problems—all based on current South Dakota law.

How Much Can a Landlord Charge for a Security Deposit?

In South Dakota, state law sets a limit on the amount a landlord can require as a security deposit. Landlords cannot demand more than one month's rent for a security deposit, unless there are special circumstances (for example, if there are pets or any unique potential risks related to the rental property). If extra is charged, the special conditions must be clearly stated in the lease.

• Standard maximum deposit: equal to one month's rent
• Exceptions: Only if special conditions exist and are stated in writing

You can read the official South Dakota Codified Law § 43-32-6.1 for security deposit rules.

When and How Must Security Deposits Be Returned?

After you move out, your landlord must return your security deposit or provide an itemized list of any deductions—within two weeks (14 days) from when you leave and request your deposit back. If you ask for a written statement of deductions, the landlord has up to 45 days to provide details. Typical deductions include unpaid rent, damages beyond normal wear and tear, or cleaning costs if the home is left unusually dirty.

• The deposit must be returned within 14 days of your written request and move-out.
• If you request an itemized damages list, allow up to 45 days for the detailed statement.
• Deductions must be reasonable and for actual costs only; normal wear and tear cannot be charged.

Learn more in the complete South Dakota security deposit law.

Official Forms for Security Deposit Issues

Security Deposit Return Request Letter

There is no official state-issued standard form for requesting your security deposit back in South Dakota. However, you can write and send a signed letter to your landlord stating your forwarding address, date of move-out, and request for the return of your deposit. This written request starts the official 14-day deadline for the landlord’s response, as required by law.

• When to use: After you move out, send this letter to claim your deposit and provide a forwarding address.
• No state form number—just create a clear written request.
• Example: "I have vacated my rental unit at [address] as of [date] and request the return of my security deposit. Please send it to [your new address]."
• For details, visit the South Dakota Attorney General’s Renter Information page.

Small Claims Court Complaint

If your landlord does not return your deposit or provide a proper explanation, you may file a claim in South Dakota Small Claims Court. Use the Small Claims Summons & Complaint form from the Unified Judicial System. This court can order your landlord to return the withheld deposit if the law was not followed.

• Form Name: Small Claims Complaint (Form UJS-216) — Download here.
• When to use: If your deposit is not returned within legal deadlines, or you dispute the deductions and cannot resolve it with the landlord.
• Instructions are found in the Small Claims Handbook.

Who Oversees Landlord-Tenant Matters in South Dakota?

Residential tenancy issues in South Dakota are primarily handled through the South Dakota Unified Judicial System. There is no dedicated tribunal or board; unresolved security deposit disputes typically go to Small Claims Court.

Relevant South Dakota Legislation

• South Dakota Codified Laws § 43-32-6.1 — Limits and return rules for security deposits
• SDCL § 43-32-24 — Court claims about returned deposits

Frequently Asked Questions

1. What is the maximum security deposit a landlord can charge in South Dakota?
   Usually, one month’s rent, unless special risks exist and are explained in your lease.
2. How soon should I get my deposit back after moving out?
   Within 14 days of your written request. If you ask for a detailed deduction list, within 45 days.
3. Can my landlord take money out of my deposit for cleaning?
   Only if you leave the property unclean beyond normal wear. Routine cleaning and wear-and-tear cannot be deducted.
4. What should I do if my landlord won’t return my deposit?
   Send a final written request. If there’s no response, you can file a claim in Small Claims Court using the official complaint form.
5. Are there official forms for security deposit returns?
   No state-issued form exists for requesting your deposit—write a letter. For Small Claims Court, use the complaint form from the Unified Judicial System.

Key Takeaways for South Dakota Renters

• Security deposits are usually capped at one month’s rent.
• Your landlord must return your deposit or provide an itemized statement within 14 days of your written request.
• If there’s a dispute, Small Claims Court is your next step—use the court’s official forms.

Understanding your deposit rights helps make your renting experience fair and safe.

Need Help? Resources for Renters

• South Dakota Attorney General’s Renter Information: Guides and contact for renter complaints.
• South Dakota Unified Judicial System: Small Claims Court process and forms for deposit disputes.
• South Dakota Department of Social Services: Housing assistance and support programs.

---

1. South Dakota Codified Laws § 43-32-6.1
2. SD Attorney General: Renter Rights
3. South Dakota Unified Judicial System
4. South Dakota Codified Laws § 43-32-24

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations