Security deposit law in South Dakota

One month's rent. The return rule is 14 days. The controlling text is S.D. Codified Laws § 43-32-6.1, 43-32-24.

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South Dakota's deposit ceiling

One month's rent.

The cap is one month's rent, though a larger deposit may be agreed to where special conditions pose a danger to the premises.

South Dakota's return deadline

14 days.

You have 14 days after the tenancy ends to return the deposit or provide reasons for keeping it. If you withhold, the tenant may demand an itemized accounting, which you must give within 45 days.

The itemized statement rule

You must give reasons for any withholding within 14 days, and a full itemized accounting within 45 days if the tenant demands one. Tie each line to actual damage.

Account and interest rules

South Dakota sets no separate-account or interest requirement. Hold the deposit apart from operating cash regardless.

Exposure for wrongful withholding

Punitive damages for bad faith.

A landlord who retains a deposit in bad faith is liable for the amount wrongfully withheld plus punitive damages up to $200. The 14-day reasons and the 45-day accounting on demand are the two duties to meet.

Compare South Dakota with neighboring states

• North Dakota: one month's rent; return rule: 30 days.
• Minnesota: no statutory limit; return rule: 21 days.
• Iowa: two months' rent; return rule: 30 days.
• Nebraska: one month's rent; return rule: 14 days.
• Wyoming: no statutory limit; return rule: 30 days.
• Montana: no statutory limit; return rule: 10 or 30 days.