South Dakota Security Deposit Return Deadline
- Penalty for missing it
- forfeiture + up to $200 punitive (failure to comply = forfeits ALL right to withhold any portion; bad-faith retention (including failure to provide the statement) = punitive damages up to $200 (§43-32-24))
- The law
- S.D. Codified Laws §43-32-24
The rule
21 days after termination of tenancy (changed from 30 by SB 4, signed 2026-02-12). Landlord must provide an itemized statement of deductions. Note: most secondary sources still say 30 days — they are stale.
- UPDATED 2026: deadline shortened to 21 days by SB 4 (signed Feb 12, 2026).
- Deposit cap: 1 month's rent (plus pet deposit).
- CORRECTED: no 2x multiplier — the penalty is forfeiture plus up to $200 in punitive damages for bad faith.
What happens if your landlord misses the deadline
In South Dakota, a missed deadline seriously weakens your landlord's position. Depending on the circumstances, they may forfeit the right to deduct anything at all, owe you the penalty above, or both. The exact consequence depends on S.D. Codified Laws §43-32-24 and whether they provided the required itemized statement. Don't assume the money is gone — a missed deadline is often the strongest fact pattern for getting it back.
Your next steps in South Dakota
- Confirm the clock ran. Make sure you provided a forwarding address in writing, and that the full deadline has passed.
- Send a demand letter citing S.D. Codified Laws §43-32-24 and the forfeiture + up to $200 punitive penalty. Most landlords pay at this stage.
- If they ignore it, file in small claims. See our walkthrough for the process.
South Dakota deposit questions
How long does my South Dakota landlord have to return my deposit?
21 days after termination of tenancy (changed from 30 by SB 4, signed 2026-02-12). Landlord must provide an itemized statement of deductions. Note: most secondary sources still say 30 days — they are stale.
What if my landlord never sends an itemized list of deductions?
In most states — including South Dakota — failing to provide the required itemized statement within the deadline forfeits the landlord's right to withhold anything. Check S.D. Codified Laws §43-32-24 for the exact rule.
Can I get more than my deposit back in South Dakota?
South Dakota law allows forfeiture + up to $200 punitive for failure to comply = forfeits ALL right to withhold any portion; bad-faith retention (including failure to provide the statement) = punitive damages up to $200 (§43-32-24). See our penalties guide for how judges apply this.
Verified 2026-10-09 against statute text.