South Dakota security deposit law: what tenants and landlords need to know

South Dakota splits its rules across two short sections — a cap statute and a return statute — with a two-step itemization procedure that rewards tenants who ask.

How much can a landlord charge?

One month's rent (§43-32-6.1) — more only where special conditions posing added risk are agreed in writing.

The two-week return

Within two weeks of termination and possession, the landlord must return the deposit or the balance after lawful deductions — unpaid rent and damage beyond ordinary wear and tear — along with any written notice of grounds for withholding. Then the second step: on the tenant's request, the landlord must supply a full itemized accounting within 45 days. Ask, in writing, every time — the request converts a vague withholding into a specific, contestable list.

The penalty

Bad-faith retention exposes the landlord to the wrongfully withheld amount plus punitive damages of up to $200. Modest — which, by now, you know what it means: the evidence is the whole leverage.

Why South Dakota deposit disputes are documentation disputes

A two-week clock, an on-request accounting, a $200 ceiling on punishment: everything material in a South Dakota dispute is the condition story, and the statute does nothing to prove it for either side.

SealMove proves it. Every photo and video is cryptographically sealed the instant it's captured, independently timestamped, and locked with Face ID into a tamper-evident archive. At move-out, the walkthrough lines up room-by-room against the sealed baseline — and either party can send the other a report to review and acknowledge, no app required.

This page is general legal information, not legal advice. Statutes change; verify current law or consult a South Dakota attorney for your situation. Last reviewed: August 2026.

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QuestionSouth Dakota's answer
Maximum deposit1 month's rent (written special-conditions exception)
Return deadline2 weeks
Itemized accountingOn written request, within 45 days
Wear and tearNot deductible
PenaltyWithheld amount + up to $200 punitive (bad faith)
StatuteS.D. Codified Laws §§43-32-6.1, 43-32-24

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