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South Dakota Security Deposit Return Deadline
The rule
| Deadline | 21 days after the tenancy ends and the landlord receives the tenant's mailing address (up from 14 days under 2026 Senate Bill 4). An itemized accounting is due within 45 days if the tenant asks. |
|---|---|
| Maximum deposit | 1 month (more by agreement for special conditions) |
| Penalty for wrongful withholding | Forfeiture; up to $200 punitive damages for bad faith |
| Statute | SDCL § 43-32-24 |
South Dakota lengthened its deadline from 14 to 21 days in 2026 (Senate Bill 4). The 21 days start once the tenancy has ended and you have the tenant's mailing address.
South Dakota deadline calculator
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What to send the tenant
Send the remaining deposit, or a written, itemized list of each deduction with its cost (free letter template), to the tenant's forwarding address before the deadline. Keep proof of the date you sent it. Normal wear and tear generally can't be deducted, and a deduction is strongest when your signed move-in report shows the item was in good condition.
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Common questions
How long does a landlord have to return a security deposit in South Dakota?
Under SDCL § 43-32-24, a South Dakota landlord has 21 days to return the deposit or send an itemized statement of deductions. Details: 21 days after the tenancy ends and the landlord receives the tenant's mailing address (up from 14 days under 2026 Senate Bill 4). An itemized accounting is due within 45 days if the tenant asks.
What is the maximum security deposit in South Dakota?
In South Dakota, the security deposit limit is 1 month (more by agreement for special conditions).
What happens if a South Dakota landlord misses the deadline or withholds in bad faith?
The penalty in South Dakota: forfeiture; up to $200 punitive damages for bad faith. Missing the deadline can also cost the landlord the right to keep any of the deposit.
Last reviewed November 2026. Summary of SDCL § 43-32-24, cross-checked against multiple published sources. General information, not legal advice. Laws change, and cities and counties can add requirements. Read the statute or ask a local attorney before you act.