South Dakota Security Deposit Demand Letter
In South Dakota, a landlord has 14 days after move-out to return the deposit or send an itemized list of deductions (as of 2026; source: S.D. Codified Laws §43-32-6.1 & §43-32-24). This letter cites that deadline, states the amount and your forwarding address, and gives the landlord a date to respond before you file. Free, no signup.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
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South Dakota deposit rules at a glance
- Return deadline
- 14 days after move-out
- Deposit cap
- 1 month's rent
As of 2026. Source: S.D. Codified Laws §43-32-6.1 & §43-32-24 ↗. Want the exact due date? Use the deposit return calculator.
Frequently asked questions
How long does a South Dakota landlord have to return the deposit?
14 days after you move out, as of 2026 (source: S.D. Codified Laws §43-32-6.1 & §43-32-24). Counted in calendar days; check the statute for whether the clock starts at move-out, lease end, or receipt of your forwarding address, and whether a weekend deadline rolls over. Use the deposit return calculator to get the exact date.
Is there a limit on how much deposit a South Dakota landlord can charge?
Yes: 1 month's rent (as of 2026; source: S.D. Codified Laws §43-32-6.1 & §43-32-24). If you paid more than the cap, say so in the letter; the excess is usually recoverable too.
How much can I sue for in South Dakota if the landlord ignores this?
Statewide $12,000 cap for money or property damage claims. Exemplary/punitive damages cannot be awarded in small claims (SDCL 15-39-45, narrow statutory exceptions). Note the limit now sits in SDCL 16-12C-13 after recodification — not in 15-39-45. The court is the Small claims procedure in Magistrate Court / Circuit Court (SD Unified Judicial System), and the filing fee is $24.84 to $42.84 all-in by claim size per the official UJS schedule: up to $100 = $24.84; $100.01-$1,000 = $30.84; $1,000.01-$3,999.99 = $40.84; $4,000-$12,000 = $42.84; add $11.84 per additional defendant (totals include certified-mail service).. As of 2026; source: SDCL 16-12C-13 (jurisdictional limit); SDCL ch. 15-39 (small claims procedure).
Do I need a lawyer in South Dakota small claims?
Attorneys are Yes — either party may be represented by an attorney at trial, though the UJS guide stresses it is not necessary; corporations and LLCs may appear through an officer or manager without a lawyer (SDCL 15-39-47).. Source: SDCL 16-12C-13 (jurisdictional limit); SDCL ch. 15-39 (small claims procedure) (as of 2026).
Deposit rules in every state, cited to statute: security deposit limits by state.
How South Dakota compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for South Dakota: S.D. Codified Laws §43-32-6.1 & §43-32-24 ↗.
- Deposit return deadline
Deposit return deadline: 14 days — well under the national median of 30 days across the 51 states with a statutory rule.
This is the most common figure nationally — shared by 6 other states.
Deposit return deadline in neighboring states — Iowa (30 days), Minnesota (21 days), Montana (30 days), Nebraska (14 days), North Dakota (30 days), Wyoming (30 days).
The rest of what South Dakota requires
The figures below are South Dakota's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full South Dakota page for that document.
- Security deposit cap · as of 2026
- 1 month's rent S.D. Codified Laws §43-32-6.1 & §43-32-24 ↗
- Deposit return deadline · as of 2026
- 14 days after move-out S.D. Codified Laws §43-32-6.1 & §43-32-24 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days S.D. Codified Laws §43-32-6.1 & §43-32-24 ↗
- Small claims limit · as of 2026
- $12,000 SDCL 16-12C-13 (jurisdictional limit); SDCL ch. 15-39 (small claims procedure) ↗
- Where you file · as of 2026
- Small claims procedure in Magistrate Court / Circuit Court (SD Unified Judicial System) · filing fee $24.84 to $42.84 all-in by claim size per the official UJS schedule: up to $100 = $24.84; $100.01-$1,000 = $30.84; $1,000.01-$3,999.99 = $40.84; $4,000-$12,000 = $42.84; add $11.84 per additional defendant (totals include certified-mail service). SDCL 16-12C-13 (jurisdictional limit); SDCL ch. 15-39 (small claims procedure) ↗
- Rental application fee · as of July 2026
- No statutory limit South Dakota Codified Laws ↗
- Bill of sale notarization · as of 2026
- Not required South Dakota DMV (Form MV-016) ↗
- Power of attorney signing · as of 2026
- Notarization required S.D. Codified Laws §59-12-4 (form §59-12-41) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules SDCL §§ 47-34A-101(14), 47-34A-103 ↗
- Recording a deed · as of 2026
- County Register of Deeds (SDCL 43-28-1 — 'must be recorded by the register of deeds of the county in which the real property... is situated') · no witnesses SDCL 43-25-26 ↗
Security deposit demand letter in other states
More South Dakota legal forms
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