Deposit rules / South Dakota

South Dakota security deposit rules

South Dakota limits security deposits to one month's rent (a larger deposit may be agreed where special conditions pose a danger to maintenance of the premises). The deposit must be returned refund or written statement of reasons for withholding within 21 days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions; itemized accounting within 45 days on request. No interest is owed on the deposit under state law.

Maximum deposit
1 month’ rent
One month's rent (a larger deposit may be agreed where special conditions pose a danger to maintenance of the premises)
Return deadline
21 days
Refund or written statement of reasons for withholding within 21 days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions; itemized accounting within 45 days on request
Interest
Not required
Statute

What the law requires

SDCL § 43-32-6.1; § 43-32-24

One month's rent (a larger deposit may be agreed where special conditions pose a danger to maintenance of the premises). Returned Refund or written statement of reasons for withholding within 21 days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions; itemized accounting within 45 days on request. 2026 change: SL 2026 ch. 179 amended § 43-32-24 to set the return period at 21 days (previously two weeks). Failure to comply forfeits the right to withhold; bad-faith retention adds punitive damages up to $200. Read from the official SDLRC statute API (sdlegislature.gov/api/Statutes).

Move-out checklist

Related South Dakota rules

Frequently asked questions

How much can a landlord charge for a security deposit in South Dakota?

One month's rent (a larger deposit may be agreed where special conditions pose a danger to maintenance of the premises). 2026 change: SL 2026 ch. 179 amended § 43-32-24 to set the return period at 21 days (previously two weeks). Failure to comply forfeits the right to withhold; bad-faith retention adds punitive damages up to $200. Read from the official SDLRC statute API (sdlegislature.gov/api/Statutes).

How long does a landlord have to return a security deposit in South Dakota?

Refund or written statement of reasons for withholding within 21 days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions; itemized accounting within 45 days on request. The statute is SDCL § 43-32-6.1; § 43-32-24.

Does a South Dakota landlord have to pay interest on the security deposit?

No. South Dakota law does not require interest on residential security deposits.

Deposit rules in other states