How Long Does a Landlord Have to Return a Deposit in South Dakota?
In South Dakota, a landlord has 21 calendar days (return full deposit or provide written statement of specific reasons for withholding) or 45 calendar days (upon request of the lessee: itemized accounting of any deposit withheld) to return a security deposit. The deadline is measured from this trigger: 21 calendar days (return full deposit or provide written statement of specific reasons for withholding): after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions; 45 calendar days (upon request of the lessee: itemized accounting of any deposit withheld): after termination of the tenancy. The verified penalty formula is failure to comply: lessor forfeits all rights to withhold any portion of the deposit; bad-faith retention or bad-faith failure to provide required statement/accounting: punitive damages not to exceed $200 under S.D. Codified Laws §§ 43-32-6.1, 43-32-24.
Key facts
| Deadline | 21 calendar days (return full deposit or provide written statement of specific reasons for withholding); trigger: after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions |
|---|---|
| Deadline (branch 2) | 45 calendar days (upon request of the lessee: itemized accounting of any deposit withheld); trigger: after termination of the tenancy |
| Penalty formula | failure to comply: lessor forfeits all rights to withhold any portion of the deposit; bad-faith retention or bad-faith failure to provide required statement/accounting: punitive damages not to exceed $200 |
| Bad faith required | No |
| Statute citation | S.D. Codified Laws §§ 43-32-6.1, 43-32-24 |
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 § 43-32-6.1 to the tenant or furnish to the tenant a written statement showing the specific reason for withholding the deposit, or any portion of the deposit. Within forty-five days after termination of the tenancy, upon request of the lessee, the lessor must provide the lessee with an itemized accounting of any deposit withheld. Any lessor of residential premises who fails to comply with this section forfeits all rights to withhold any portion of the deposit. The bad faith retention of a deposit, or any portion of a deposit, by a lessor of residential premises, in violation of this section, or the bad faith failure to provide the written statement or itemized accounting, as required by this section, subjects the lessor to punitive damages not to exceed two hundred dollars.
What this means
Read the deadline, trigger, and penalty together. Match the date you can prove to the trigger above, then compare the landlord's response to the rule in S.D. Codified Laws §§ 43-32-6.1, 43-32-24.
FAQ
Does Sioux Falls have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable South Dakota law and local rules.
What happens if a landlord misses the South Dakota deposit deadline?
The verified penalty formula is failure to comply: lessor forfeits all rights to withhold any portion of the deposit; bad-faith retention or bad-faith failure to provide required statement/accounting: punitive damages not to exceed $200 under S.D. Codified Laws §§ 43-32-6.1, 43-32-24. Keep the move-out date, forwarding address records, and any itemized statement before you act.
Does a demand letter change the legal deadline?
No. The deadline is still 21 calendar days (return full deposit or provide written statement of specific reasons for withholding) or 45 calendar days (upon request of the lessee: itemized accounting of any deposit withheld). The deadline trigger is 21 calendar days (return full deposit or provide written statement of specific reasons for withholding): after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions; 45 calendar days (upon request of the lessee: itemized accounting of any deposit withheld): after termination of the tenancy. A letter documents the timeline and asks the landlord to resolve the deposit before the next step.
If the deadline passed
Send the letter that starts the clock and keeps the demand tied to the verified South Dakota deadline.
build a South Dakota demand letter
If the landlord stays silent, review landlord ignoring the deadline before choosing the next step.