DisputeKit

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.

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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.