Maximum deposit: 1 month rent. Return deadline: 14 days (no damage) / 45 days (with damage). Everything landlords and tenants need to know about South Dakota security deposit law.
Last updated: April 2026 · Data: IRS, BLS, state sources
| Rule | South Dakota Law |
|---|---|
| Maximum Deposit | 1 month rent |
| Return Deadline | 14 days (no damage) / 45 days (with damage) |
| Interest Required | Not required |
| Penalty for Violations | Landlord liable for actual damages plus $200 |
| Normal Wear and Tear | Cannot be deducted |
South Dakota limits security deposits to 1 month rent. Charging more than this amount is a violation of state law and may entitle the tenant to damages.
Itemized statement required
Regardless of the deposit amount, landlords must follow the correct procedures for holding, itemizing, and returning the deposit. Failure to follow these procedures can result in the landlord forfeiting the right to make deductions and owing penalties to the tenant.
After a tenant moves out, South Dakota landlords have 14 days (no damage) / 45 days (with damage) to either return the full security deposit or provide an itemized list of deductions along with any remaining balance. The clock typically starts on the date of move-out or the date the tenant provides a forwarding address, whichever is later.
If the landlord misses this deadline, the consequences can be severe: landlord liable for actual damages plus $200. Tenants should document their move-out with photos, return keys promptly, and provide a written forwarding address to establish the start of the deadline clearly.
Landlords in South Dakota may deduct from the security deposit for:
Landlords cannot deduct for:
Document the unit's condition at move-in with a written checklist and photos signed by both parties. This documentation is critical in any deposit dispute.
If your landlord fails to return your deposit or provide an itemized statement within 14 days (no damage) / 45 days (with damage), you may be entitled to: landlord liable for actual damages plus $200.
Steps to take if your landlord violates South Dakota security deposit law:
Calculate your security deposit maximum, estimate any interest owed, and determine the exact return deadline based on your South Dakota move-out date.
Open South Dakota Security Deposit CalculatorSouth Dakota limits security deposits to 1 month rent. Itemized statement required
South Dakota landlords have 14 days (no damage) / 45 days (with damage) after move-out to return the deposit or provide an itemized statement of deductions. If the landlord misses this deadline: landlord liable for actual damages plus $200.
Normal wear and tear in South Dakota refers to the expected deterioration from ordinary residential use: minor scuffs on walls, small nail holes from hanging pictures, faded paint, and worn carpet from foot traffic. Landlords cannot deduct for these. They can deduct for actual damage such as large holes in walls, broken fixtures, deep carpet stains, or damage caused by pets, negligence, or misuse.