South Dakota security deposit law
How long does a landlord have to return a security deposit in South Dakota?
The short answer
South Dakota law gives your landlord 14 days if nothing is withheld and 45 days when deductions are claimed after move out to return your deposit, with an itemized statement of any deductions, under S.D.C.L. § 43-32-6.1 / § 43-32-24. Miss the deadline and the landlord loses legal ground and can owe the deposit amount again in damages.
Under S.D.C.L. § 43-32-6.1 / § 43-32-24, a South Dakota landlord must return your security deposit within 14 days if nothing is withheld and 45 days when deductions are claimed, counted from move out. The return must include an itemized statement listing every deduction.
What the deadline really means: it is not a suggestion. A landlord who misses it weakens any claim to your money and exposes themselves to statutory consequences. Where withholding is found to be in bad faith, courts can award damages equal to the deposit on top of the amount owed.
How to count the days: the clock starts at move out, not when the landlord gets around to an inspection. Mark the date you handed back keys and gave your forwarding address; that documentation decides deadline disputes.
If the deadline has already passed, the next step is a written demand: a formal letter citing S.D.C.L. § 43-32-6.1 / § 43-32-24, the missed date, and the amount owed. Landlords who ignore informal texts frequently respond to a statute-cited demand sent by certified mail, because it shows you know the deadline and its consequences, and it becomes Exhibit A if you later file in Circuit Court — Small Claims.
The South Dakota rules at a glance. Governing statute: S.D.C.L. § 43-32-6.1 / § 43-32-24. Return deadline: 14 days (45 days with deductions claimed). Statutory damages: damages equal to the deposit for wrongful withholding. Court for disputes: Circuit Court — Small Claims, claims up to $12,000.
Looking for the rules beyond this state? Security deposit return deadlines by state
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