South Dakota Small Claims Court for a Security Deposit
Limits: $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only). Court: Magistrate Court (small claims). Limitation period listed in our state data: 6 years. Filing fees vary by county; service costs may be extra. See the table. E-filing verified in 0/70 counties. Typical demand-letter response window: 21 days.
County court coverage and fees
70 listed counties · E-filing: Yes 0, No 0, Not verified 70
Deposit return deadlines
- 21 calendar days after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions. return full deposit or provide written statement of specific reasons for withholding.
- 45 calendar days after termination of the tenancy. upon request of the lessee: itemized accounting of any deposit withheld.
From a letter to court
- Send a South Dakota security deposit demand letter stating the deposit amount supported by your records. Give the landlord your forwarding address in writing.
- Before you file: review the deposit return deadlines above and allow the typical response window of 21 days after your letter.
- Time limit to sue in South Dakota: 6 years.
- Check the court's filing instructions. Keep your lease, payment records, photos, letter, and proof of delivery ready.
How to file
Forms: Court forms and filing information
File online: Varies by county
Attorneys allowed: Yes
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].
Key facts
| Small claims limit | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) |
|---|---|
| Court | Magistrate Court (small claims) |
| Limitation period listed in our state data | 6 years |
| Forwarding address required | Yes |
| Bad faith required | No |
| Itemization required | Yes |
What you can recover
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.
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Minnehaha | Second Judicial Circuit Court, Sioux Falls | $12,000 | Statewide filing fee: Confirm current filing and service fees with the clerk of courts. | Not verified | Official court website Court page check not recorded |
| Pennington | Seventh Judicial Circuit Court, Rapid City | $12,000 | Statewide filing fee: Confirm current filing and service fees with the clerk of courts. | Not verified | Official court website Court page check not recorded |
| Lincoln | Second Judicial Circuit Court, Canton | $12,000 | Statewide filing fee: Confirm current filing and service fees with the clerk of courts. | Not verified | Official court website Court page check not recorded |
| Brown | Fifth Judicial Circuit Court, Aberdeen | $12,000 | Statewide filing fee: Confirm current filing and service fees with the clerk of courts. | Not verified | Official court website Court page check not recorded |
| Aurora County | Aurora County Circuit Court - Small Claims, Plankinton | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Beadle County | Beadle County Circuit Court - Small Claims, Huron | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Bennett County | Bennett County Circuit Court - Small Claims, Martin | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Bon Homme County | Bon Homme County Circuit Court - Small Claims, Tyndall | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Brookings County | Brookings County Circuit Court - Small Claims, Brookings | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Brown County | Brown County Circuit Court - Small Claims, Aberdeen | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Brule County | Brule County Circuit Court - Small Claims, Chamberlain | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Buffalo County | Buffalo County Circuit Court - Small Claims, Gann Valley | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Butte County | Butte County Circuit Court - Small Claims, Belle Fourche | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Campbell County | Campbell County Circuit Court - Small Claims, Mound City | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Charles Mix County | Charles Mix County Circuit Court - Small Claims, Lake Andes | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Clark County | Clark County Circuit Court - Small Claims, Clark | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Clay County | Clay County Circuit Court - Small Claims, Vermillion | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Codington County | Codington County Circuit Court - Small Claims, Watertown | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Corson County | Corson County Circuit Court - Small Claims, McIntosh | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Custer County | Custer County Circuit Court - Small Claims, Custer | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Davison County | Davison County Circuit Court - Small Claims, Mitchell | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Day County | Day County Circuit Court - Small Claims, Webster | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Deuel County | Deuel County Circuit Court - Small Claims, Clear Lake | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Dewey County | Dewey County Circuit Court - Small Claims, Timber Lake | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Douglas County | Douglas County Circuit Court - Small Claims, Armour | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Edmunds County | Edmunds County Circuit Court - Small Claims, Ipswich | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Fall River County | Fall River County Circuit Court - Small Claims, Hot Springs | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Faulk County | Faulk County Circuit Court - Small Claims, Faulkton | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Grant County | Grant County Circuit Court - Small Claims, Milbank | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Gregory County | Gregory County Circuit Court - Small Claims, Burke | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Haakon County | Haakon County Circuit Court - Small Claims, Philip | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Hamlin County | Hamlin County Circuit Court - Small Claims, Hayti | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Hand County | Hand County Circuit Court - Small Claims, Miller | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Hanson County | Hanson County Circuit Court - Small Claims, Alexandria | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Harding County | Harding County Circuit Court - Small Claims, Buffalo | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Hughes County | Hughes County Circuit Court - Small Claims, Pierre | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Hutchinson County | Hutchinson County Circuit Court - Small Claims, Olivet | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Hyde County | Hyde County Circuit Court - Small Claims, Highmore | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Jackson County | Jackson County Circuit Court - Small Claims, Kadoka | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Jerauld County | Jerauld County Circuit Court - Small Claims, Wessington Springs | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Jones County | Jones County Circuit Court - Small Claims, Murdo | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Kingsbury County | Kingsbury County Circuit Court - Small Claims, De Smet | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Lake County | Lake County Circuit Court - Small Claims, Madison | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Lawrence County | Lawrence County Circuit Court - Small Claims, Deadwood | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Lincoln County | Lincoln County Circuit Court - Small Claims, Canton | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Lyman County | Lyman County Circuit Court - Small Claims, Kennebec | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Marshall County | Marshall County Circuit Court - Small Claims, Britton | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| McCook County | McCook County Circuit Court - Small Claims, Salem | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| McPherson County | McPherson County Circuit Court - Small Claims, Leola | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Meade County | Meade County Circuit Court - Small Claims, Sturgis | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Mellette County | Mellette County Circuit Court - Small Claims, White River | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Miner County | Miner County Circuit Court - Small Claims, Howard | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Minnehaha County | Minnehaha County Circuit Court - Small Claims, Sioux Falls | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Moody County | Moody County Circuit Court - Small Claims, Flandreau | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Oglala Lakota County | Oglala Lakota County Circuit Court - Small Claims, Hot Springs | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Pennington County | Pennington County Circuit Court - Small Claims, Rapid City | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Perkins County | Perkins County Circuit Court - Small Claims, Bison | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Potter County | Potter County Circuit Court - Small Claims, Gettysburg | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Roberts County | Roberts County Circuit Court - Small Claims, Sisseton | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Sanborn County | Sanborn County Circuit Court - Small Claims, Woonsocket | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Spink County | Spink County Circuit Court - Small Claims, Redfield | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Stanley County | Stanley County Circuit Court - Small Claims, Fort Pierre | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Sully County | Sully County Circuit Court - Small Claims, Onida | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Todd County | Todd County Circuit Court - Small Claims, Winner | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Tripp County | Tripp County Circuit Court - Small Claims, Winner | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Turner County | Turner County Circuit Court - Small Claims, Parker | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Union County | Union County Circuit Court - Small Claims, Elk Point | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Walworth County | Walworth County Circuit Court - Small Claims, Selby | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Yankton County | Yankton County Circuit Court - Small Claims, Yankton | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
| Ziebach County | Ziebach County Circuit Court - Small Claims, Dupree | $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | Official court website Court page checked 2026-09-20 |
Detailed guides for 70 counties
- Minnehaha
- Pennington
- Lincoln
- Brown
- Aurora County
- Beadle County
- Bennett County
- Bon Homme County
- Brookings County
- Brown County
- Brule County
- Buffalo County
- Butte County
- Campbell County
- Charles Mix County
- Clark County
- Clay County
- Codington County
- Corson County
- Custer County
- Davison County
- Day County
- Deuel County
- Dewey County
- Douglas County
- Edmunds County
- Fall River County
- Faulk County
- Grant County
- Gregory County
- Haakon County
- Hamlin County
- Hand County
- Hanson County
- Harding County
- Hughes County
- Hutchinson County
- Hyde County
- Jackson County
- Jerauld County
- Jones County
- Kingsbury County
- Lake County
- Lawrence County
- Lincoln County
- Lyman County
- Marshall County
- McCook County
- McPherson County
- Meade County
- Mellette County
- Miner County
- Minnehaha County
- Moody County
- Oglala Lakota County
- Pennington County
- Perkins County
- Potter County
- Roberts County
- Sanborn County
- Spink County
- Stanley County
- Sully County
- Todd County
- Tripp County
- Turner County
- Union County
- Walworth County
- Yankton County
- Ziebach County
Statute says
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... subjects the lessor to punitive damages not to exceed two hundred dollars.
What this means
Tenant resources
- Dakota Plains Legal Serviceslegal aid, 605-856-4444
- South Dakota Law Helplegal aid
- South Dakota Attorney General - Landlord and Tenant Consumer Guideag consumer in Pierre
- South Dakota Unified Judicial System - Small Claimscourt self help, 855-784-0004
FAQ
What is the small claims limit in South Dakota?
$12,000 (Magistrate Court small claims (SDCL 16-12C-13) only)
What is the statute of limitations?
Limitation period listed in our state data: 6 years.
Can I recover more than my deposit?
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.
Which court handles the claim?
Magistrate Court (small claims)
Should I send a demand letter first?
First listed deposit return deadline: 21 calendar days after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions. return full deposit or provide written statement of specific reasons for withholding. Typical response window after a demand letter: 21 days.