Landlord & Tenant Laws in South Dakota.

South Dakota’s residential deposit deadline runs after the tenancy ends and the landlord receives the tenant’s mailing address or delivery instructions. Keep that communication in writing.

If the amount sought is within South Dakota small claims limits, a tenant may file in small claims court. Keep the lease, proof of deposit payment, move-out records, and written demand or forwarding-address notice.

A South Dakota landlord generally may not demand or receive a residential security deposit greater than one month’s rent, unless special conditions justify a larger amount by agreement.

As of April 2026, a South Dakota landlord generally must return the security deposit within 21 days after the tenancy ends and receipt of the tenant’s mailing address or delivery instructions, or provide a written statement showing the specific reason for withholding all or part of the deposit.

Within 45 days after the tenancy ends, upon request of the tenant, the landlord must provide an itemized accounting of any deposit withheld. A landlord who fails to comply forfeits the right to withhold the deposit, and bad-faith retention can support punitive damages up to $200.