Security Deposit Laws in South Dakota
South Dakota generally caps security deposits at one month's rent, requires return or a written explanation within 21 days after the tenancy ends and the tenant gives a mailing address, and presumes 24 hours' written notice to be reasonable before entry.
Last checked . General information, not legal advice.
South Dakota at a glance
- Security deposit limit
- 1 month's rent
- 1 month's rent (more if agreed for special conditions)
- Deposit return deadline
- 21 days
- 21 days after termination and receipt of tenant's mailing address
- Interest on deposits
- Not required by state law
- Some cities have their own interest rules
- Notice before landlord entry
- 24 hours
- Reasonable notice; 24 hours' written notice presumed reasonable
The rules in South Dakota
How much can a landlord charge for a security deposit in South Dakota?
South Dakota limits security deposits to 1 month's rent (more if agreed for special conditions).
How long does a landlord have to return a security deposit in South Dakota?
South Dakota rule: 21 days after termination and receipt of tenant's mailing address.
Does a landlord have to pay interest on a security deposit in South Dakota?
No. South Dakota state law does not require landlords to pay interest on security deposits. Some cities have their own rules.
How much notice must a landlord give before entering a rental in South Dakota?
South Dakota rule: Reasonable notice; 24 hours' written notice presumed reasonable.
Where do the South Dakota rules for residential leases come from?
They come from SDCL 43-32-6.1, SDCL 43-32-24 and SDCL 43-32-32. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How South Dakota compares
South Dakota is one of 30 jurisdictions that cap deposits by law. Its 21-day return deadline is shorter than the most common deadline of 30 days; 9 jurisdictions require a faster return.
What this means in practice
Landlords: state the deposit amount, where it is held and how it will be returned in the lease, and send the refund with any deductions in writing within the deadline.
Tenants: record the unit's condition with photos and a move-in checklist, keep your receipts, and give the landlord a forwarding address in writing when you move out.
Both sides: normal wear and tear is generally not deductible. Disputes over deductions usually go to small claims court.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.