South Dakota security deposit law
What can a landlord deduct from a security deposit in South Dakota?
The short answer
In South Dakota, generally only unpaid rent, damage beyond normal wear and tear, and other charges the lease and S.D.C.L. § 43-32-6.1 / § 43-32-24 actually allow, each listed in an itemized statement. Ordinary wear, worn carpet, faded paint, small nail holes, cannot be charged to you.
South Dakota law limits deductions to real, provable losses: unpaid rent, cleaning to return the unit to its move-in condition, and repairs for damage beyond normal wear and tear, under S.D.C.L. § 43-32-6.1 / § 43-32-24. Every deduction must appear in an itemized statement.
What cannot be deducted: ordinary wear and tear. That includes carpet worn by normal walking, paint faded by sunlight, minor scuffs, and small nail holes from hanging pictures. Time and normal living cause these; tenants do not pay for them.
The common overreaches to challenge: full repainting after a multi-year tenancy, carpet replacement charged at new-carpet prices with no age adjustment, generic "cleaning fees" with no invoice, and charges for conditions documented at move-in.
If a deduction fails these tests, dispute it in writing: a demand letter citing S.D.C.L. § 43-32-6.1 / § 43-32-24 that walks through each charge and why it is unlawful. Landlords drop weak deductions quickly when a tenant shows they know the standard, because defending them in court costs more than the charge.
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 never did a move-in inspection. Does that matter?
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