South Dakota security deposit law
What if my landlord never sent an itemized statement in South Dakota?
The short answer
That is a violation in South Dakota: S.D.C.L. § 43-32-6.1 / § 43-32-24 requires an itemized statement of deductions within 45 days, and it strips the landlord's justification for withholding.
In South Dakota, the itemized statement is not a courtesy, it is a legal requirement: S.D.C.L. § 43-32-6.1 / § 43-32-24 obligates the landlord to list every deduction within 45 days of move out.
Skipping it matters: without an itemization, the landlord has no documented justification for keeping your money, and a court has nothing to weigh on their side.
Your move is the same either way: a demand letter that cites the requirement, states that no itemization was received within the 45 days deadline, and demands the full deposit with the statutory exposure of damages equal to the deposit spelled out. Send it certified. A landlord who ignored the paperwork rarely wants to explain that to a judge 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? My landlord kept my deposit and didn't give me an itemized statement
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