DisputeKit / South Dakota
How long does a South Dakota landlord have to return a security deposit?
21 days. Under South Dakota Codified Laws § 43-32-24, a landlord must return the security deposit or give the tenant a written statement showing the specific reason for withholding any part of it within 21 days. The clock starts when you move out and hand back possession of the unit. The 21 days only start once your landlord has your mailing address or delivery instructions. If they miss that deadline, they lose the right to keep any part of the deposit. A court may also award punitive damages of up to $200 if the landlord kept the deposit, or failed to provide the written statement or itemized accounting, in bad faith.
I moved out of my place in on and my landlord still has my $ deposit.
Fill in the blanks to see your deadline. Free, no account.
Conditions that change the deadline
- The 21 days run from the later of the end of the tenancy and the landlord's receipt of the tenant's mailing address or delivery instructions.
- If the tenant asks, the landlord must also provide an itemized accounting of any deposit withheld within 45 days after the tenancy ends.
What South Dakota law says about deductions and your rights
- The landlord may withhold only amounts reasonably necessary to cover unpaid rent and other money due under an agreement, and to restore the premises to their move-in condition, ordinary wear and tear excepted.
- Since July 1, 2026 (Senate Bill 4, SL 2026 ch. 179) the deadline is 21 days; before that it was two weeks. Move-outs before July 1, 2026 may be governed by the old two-week rule.
- Give the landlord your mailing address or delivery instructions in writing; the 21-day clock does not start until the landlord receives them.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in South Dakota is $12,000 in small claims court, not counting allowable costs or attorney fees, and the filing fee is About $25 to $43 including postage, depending on the amount claimed (about $43 for claims of $4,000 to $12,000).
Steps
- Find your move-out date and deposit amount
- Give your landlord your forwarding address in writing (your demand letter can do this)
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit. The 21 days only start once your landlord has your mailing address or delivery instructions
- Count 21 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in South Dakota?
The clock starts when you move out and hand back possession of the unit. The 21 days only start once your landlord has your mailing address or delivery instructions.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. South Dakota law allows a court to award punitive damages of up to $200 if the landlord kept the deposit, or failed to provide the written statement or itemized accounting, in bad faith. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in South Dakota is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.