South Dakota Security Deposit Deductions
In South Dakota, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 21 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Wear and tear in this record
The supplied South Dakota record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| Cleaning | Conditional | The lessor may withhold only amounts reasonably necessary to remedy tenant defaults in payment of rent and other funds due pursuant to an agreement, and to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted. Cleaning is not named separately; it is reachable only as restoration to commencement condition. (SDCL 43-32-24) |
| Carpet replacement | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (S.D. Codified Laws §§ 43-32-6.1, 43-32-24). (S.D. Codified Laws §§ 43-32-6.1, 43-32-24) |
| Painting | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (S.D. Codified Laws §§ 43-32-6.1, 43-32-24). (S.D. Codified Laws §§ 43-32-6.1, 43-32-24) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (S.D. Codified Laws §§ 43-32-6.1, 43-32-24). (S.D. Codified Laws §§ 43-32-6.1, 43-32-24) |
| Pet damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (S.D. Codified Laws §§ 43-32-6.1, 43-32-24). (S.D. Codified Laws §§ 43-32-6.1, 43-32-24) |
| Unpaid rent and fees | Yes | The lessor may withhold amounts reasonably necessary to remedy tenant defaults in the payment of rent and other funds due to the landlord pursuant to an agreement. (SDCL 43-32-24) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 21 days |
| Receipts required | No |
| Rule | Within 21 days after termination of the tenancy and receipt of the tenant’s mailing address or delivery instructions, the lessor must return the deposit or furnish a written statement showing the specific reason for withholding any portion. Within 45 days after termination, upon request of the lessee, the lessor must provide an itemized accounting of any deposit withheld. Receipts are not required. Failure to comply forfeits all rights to withhold any portion. |
| Citation | SDCL 43-32-24 |
Burden of proof
Failure to comply with this section forfeits all rights to withhold any portion of the deposit. Bad-faith retention or bad-faith failure to provide the written statement or itemized accounting subjects the lessor to punitive damages not to exceed two hundred dollars.
Statute says
Every lessor of residential premises shall, within twenty-one days after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the security deposit described in §
What this means
Source accessed: .
If it was deducted anyway
Use the South Dakota demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free South Dakota template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under South Dakota law (S.D. Codified Laws §§ 43-32-6.1, 43-32-24), a landlord must return the deposit or respond in writing within [21 calendar days / 45 calendar days, see the note above] after [the event listed in the note above].
FAQ
What security deposit deductions are allowed in South Dakota?
Only the uses in the supplied South Dakota record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a South Dakota landlord have to itemize deductions?
Yes. Within 21 days after termination of the tenancy and receipt of the tenant’s mailing address or delivery instructions, the lessor must return the deposit or furnish a written statement showing the specific reason for withholding any portion. Within 45 days after termination, upon request of the lessee, the lessor must provide an itemized accounting of any deposit withheld. Receipts are not required. Failure to comply forfeits all rights to withhold any portion.
Who has the burden of proof for a South Dakota deduction?
Failure to comply with this section forfeits all rights to withhold any portion of the deposit. Bad-faith retention or bad-faith failure to provide the written statement or itemized accounting subjects the lessor to punitive damages not to exceed two hundred dollars.