South Dakota Security Deposit Law
South Dakota landlords must return security deposits within 45 days under SDCL § 43-32-24. Violations result in damages up to 2× the wrongfully withheld amount.
Key Facts — South Dakota
- Return deadline
- 45 days after move-out
- Governing statute
- South Dakota Codified Laws § 43-32-24
- Short citation
- SDCL § 43-32-24
- Penalty for violation
- damages up to 2× the wrongfully withheld amount
- Small claims court limit
- $12,000
Generate your demand letter
We generate a formal security deposit demand letter citing SDCL § 43-32-24 with the exact penalty language. Most landlords respond within 14 days of receiving a formal letter.
Frequently Asked Questions
How many days does a landlord have to return a security deposit in South Dakota?
Under SDCL § 43-32-24, a South Dakota landlord must return the security deposit — along with an itemized list of any deductions — within 45 days of the tenant vacating the property.
What happens if a South Dakota landlord keeps my deposit illegally?
If your landlord fails to return the deposit within 45 days without a valid reason, damages up to 2× the wrongfully withheld amount. You can pursue this in South Dakota small claims court (limit: $12,000).
Can a landlord in South Dakota deduct for normal wear and tear?
No. South Dakota law, like all US states, prohibits landlords from deducting for normal wear and tear — routine scuffing, minor carpet wear, and faded paint are the landlord's cost of doing business, not the tenant's.
How do I send a security deposit demand letter in South Dakota?
Generate a demand letter citing SDCL § 43-32-24, sign it, and send via USPS Certified Mail with Return Receipt to your landlord. The certified mail receipt creates a legal paper trail and proves delivery. Give the landlord 14 days to respond before filing in small claims court.
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