Laws by state / South Dakota

South Dakota landlord and tenant rules

The figures that decide most disputes between South Dakota landlords and tenants, each with a calculator and the statute behind it.

Verified against the statutes 2026-10-22By RentByState Research

Rule	South Dakota	Statute	Tool
Maximum security deposit	One month's rent (a larger deposit may be agreed where special conditions pose a danger to maintenance of the premises)	SDCL § 43-32-6.1; § 43-32-24	Deposit rules
Deposit return deadline	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	SDCL § 43-32-6.1; § 43-32-24	Deposit rules
Interest on the deposit	Not required	SDCL § 43-32-6.1; § 43-32-24
Maximum late fee	No statutory cap	SDCL ch. 43-32 (no late-fee provision)	Late fee calculator
Landlord notice, month-to-month	30 days	SDCL § 43-32-15; § 43-32-13; § 21-16-1(4) (eviction may be filed once rent is 3 days past due; the separate 3-day written notice to quit formerly required by § 21-16-2 was REPEALED by 2024 SB 90, SL 2024 ch. 75, so no statutory pay-or-quit notice period now applies)	Notice calculator
Tenant notice, month-to-month	30 days	SDCL § 43-32-15; § 43-32-13; § 21-16-1(4) (eviction may be filed once rent is 3 days past due; the separate 3-day written notice to quit formerly required by § 21-16-2 was REPEALED by 2024 SB 90, SL 2024 ch. 75, so no statutory pay-or-quit notice period now applies)	Notice calculator
Rent increase notice	30 days	SDCL § 43-32-15; § 43-32-13; § 21-16-1(4) (eviction may be filed once rent is 3 days past due; the separate 3-day written notice to quit formerly required by § 21-16-2 was REPEALED by 2024 SB 90, SL 2024 ch. 75, so no statutory pay-or-quit notice period now applies)	Notice calculator
Pay-or-quit notice	No statutory period	SDCL § 43-32-15; § 43-32-13; § 21-16-1(4) (eviction may be filed once rent is 3 days past due; the separate 3-day written notice to quit formerly required by § 21-16-2 was REPEALED by 2024 SB 90, SL 2024 ch. 75, so no statutory pay-or-quit notice period now applies)	Notice calculator
Rent increase cap	None statewide

Security deposits in South Dakota

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. 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). Full deposit rules and move-out checklist.

Late fees in South Dakota

South Dakota sets no statutory cap on late fees. The amount is whatever the lease says, subject to the general rule that it must not be an unconscionable penalty. There is no statutory grace period, so the lease controls when the fee starts. Calculate the maximum fee.

Notice periods in South Dakota

A South Dakota landlord must give 30 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. A rent increase needs 30 days’ notice. For nonpayment, no statutory pay-or-quit period applies; the landlord may proceed after rent is due and unpaid, subject to the lease. Calculate the effective date of a notice.

Sources

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).

What is the maximum late fee for rent in South Dakota?

There is no statutory maximum in South Dakota. No statutory cap or grace period for residential late fees in South Dakota; the lease controls. The most common lease figure nationally is 5% of monthly rent, and courts in no-cap states generally accept fees in that range while rejecting ones that look like penalties.

How much notice does a landlord have to give a tenant to move out in South Dakota?

30 days’ written notice for a month-to-month tenancy. Notice at least as long as the rental period, not exceeding one month (30 days for month-to-month) by either party

How long is a pay-or-quit notice in South Dakota?

No statutory notice period for nonpayment; check the lease and local court rules.