Security deposit law in South Dakota

The rule in South Dakota

South Dakota limits a residential security deposit to 1 month's rent. The wording in SDCL §§ 43-32-6.1, 43-32-24: “in an amount or value in excess of one month's rent.”

The return deadline is 21 days, counted after the tenancy ends. The text reads: “within twenty-one days after the termination of the tenancy.”

Of the 44 jurisdictions verified here, 9 give landlords less time and 29 give more; the median is 30 days. California, Connecticut, Idaho, Minnesota and Wisconsin also allow 21 days.

What the cap means in dollars: $1,000 rent: up to $1,000, $1,500 rent: up to $1,500 and $2,000 rent: up to $2,000.

Worked date: if the clock starts on November 30, 2026, the deadline falls on December 21, 2026.

In neighbouring states with verified rules: Iowa allows 30 days and caps deposits at two months' rent, Minnesota allows 21 days and sets no cap, Montana allows 30 days and sets no cap, Nebraska allows 14 days and caps deposits at one month's rent, North Dakota allows 30 days and caps deposits at one month's rent and Wyoming allows 30 days and sets no cap.

If the tenant asks, an itemized accounting is due within 45 days after the tenancy ends.

If a deposit is not returned, the small claims limit in South Dakota is $12,000 (small claims rules); at the cap, a full-deposit claim fits whenever rent is $12,000 a month or less.

Sources: South Dakota Legislature, SDCL 43-32-6.1; South Dakota Legislature, SDCL 43-32-24 · last checked October 20, 2026.

If the deposit does not come back

The statute above sets the deadline; what happens after it passes is covered in general terms in the guide on a deposit that is not returned, and the way each state starts and counts the clock is compared in how deposit deadlines are counted.