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South Dakota Security Deposit Laws (2026)

Last reviewed October 5, 2026Sources: S.D. Codified Laws § 43-32-24

Deposits in South Dakota run on a few numbers: the maximum your landlord can charge, the return deadline that starts when you surrender the keys, and — when it applies — interest the law says the deposit earns while it sits in their account. All three are below, with the statute behind each.

Max deposit1 month's rent
Return deadline14 days after you give up possession
14 days, or 30/45 days with deductions or abandonment.
Interest on depositRequired

Yes. The requirement applies on deposits held past the first year. A formula rate tied to the federal discount rate, set by state law. Rate changes — verify with the state source Run your own tenancy through the calculator to turn the rule into dollars.

StatuteS.D. Codified Laws § 43-32-24

The cap: how much your landlord can ask for

In South Dakota, the ceiling is 1 month's rent. Whatever the cap, the deposit remains your money: the cap limits the request, and the sections below limit what can happen to it afterward.

The deadline: when the money comes back

South Dakota landlords have 14 days from when you give up possession — normally the day you return all keys — to either refund the deposit or send the written itemization that state law requires. 14 days, or 30/45 days with deductions or abandonment. Mark the date on your calendar the day you move; a deadline that passes without refund or statement is what converts an awkward wait into a legal claim.

Interest: does your deposit earn any?

Yes. The requirement applies on deposits held past the first year. A formula rate tied to the federal discount rate, set by state law. Rate changes — verify with the state source Run your own tenancy through the calculator to turn the rule into dollars.

Deductions: what can legally come out

Like nearly every state, South Dakota lets landlords charge for real damage and unpaid costs — but not for normal wear and tear. Faded paint, worn carpet in a walkway, and small nail holes from picture hangers are the landlord's cost of doing business; broken fixtures, uncleaned appliances, and unpaid rent are chargeable. When deductions are taken, South Dakota requires them in writing — so photograph the unit at move-out and keep the timestamped set until the money arrives. Every line item can then be checked against how the unit actually looked, which is how inflated deductions get beaten.

If the deposit doesn't come back

Tenants can sue for the deposit plus damages. The route is almost always the same: a written demand letter citing the deadline and S.D. Codified Laws § 43-32-24, then small claims court in the county where the unit sits. Filings are cheap, lawyers aren't required, and landlords who ignored two letters usually settle the week a court date appears.

Your South Dakota action plan

Three moves protect a South Dakota deposit: (1) compare the deposit you're being asked for against the cap above before you sign; (2) photograph the unit at move-in and again at move-out — documentation settles most disputes before they start (our interactive checklist walks you through it); (3) the day you return keys, write the deadline on your calendar and send your forwarding address in writing. If that date passes in silence, the demand letter template takes about ten minutes, and small claims court is the next stop.

South Dakota deposit FAQ

How much can a landlord charge for a security deposit in South Dakota?
1 month's rent is the statutory cap.
When must a landlord return a security deposit in South Dakota?
14 days after the tenant gives up possession. 14 days, or 30/45 days with deductions or abandonment.
Does a security deposit earn interest in South Dakota?
Yes. A formula rate tied to the federal discount rate, set by state law. Applies on deposits held past the first year.
What happens if a South Dakota landlord wrongfully keeps the deposit?
Tenants can sue for the deposit plus damages.

Run your South Dakota numbers

Cap check, your personal deadline date, and the interest your deposit earned — in about twenty seconds.

Calculate for South Dakota

Keep reading

This page summarizes S.D. Codified Laws § 43-32-24 as last reviewed October 5, 2026. Laws and locally announced rates change — confirm current figures with the South Dakota housing authority or attorney general's consumer site before relying on them.