Gregory County, South Dakota: Small Claims for a Security Deposit

Limits: $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only). Court: Gregory County Circuit Court - Small Claims.

Filing facts

State small claims limits	$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. Official court website
E-filing	Not verified
Time limit to sue in South Dakota	6 years.
State 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. 45 calendar days after termination of the tenancy. upon request of the lessee: itemized accounting of any deposit withheld.
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.
Deposit statute	S.D. Codified Laws §§ 43-32-6.1, 43-32-24

Where to file

Gregory County Circuit Court - Small Claims

Courthouse city: Burke

Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

Official court website

Court page checked 2026-09-20

See how to file in South Dakota for the state filing procedure.

Rent and deposits in Gregory County

County median gross rent: $614 per month.

County median gross rent by bedroom count
Bedrooms	Monthly rent
1 bedroom	$504
2 bedrooms	$630
3 bedrooms	$775
4 bedrooms	$925

Rent estimates for the other bedroom sizes were suppressed or not published by the Census Bureau.

Illustrative deposit example computed from the county median rent: one month of the Census two-bedroom median is $630; two months is $1,260. This is an example computed from the county median, not a legal cap or a survey of deposits. The calculations below use the one-month deposit of $630.

State legal maximum deposit in South Dakota: Not more than one month's rent ($630 at the example rent) (S.D. Codified Laws § 43-32-6.1).

Total households in Gregory County: 1,635.

Renter households: 354 (21.7% of all households).

Renters spending more than half their household income on rent: 22.3%. A delayed deposit refund can leave these households with less money for their next rent payment.

County rent and household source: U.S. Census Bureau, American Community Survey 2019-2023 5-Year Estimates, tables B25064, B25031, B25003, B25070. Accessed 2026-09-21.

Will my deposit claim fit the limit?

Using the county Census figure: two-bedroom median gross rent for Gregory County, $630 per month.

The deposit range does not include penalties, interest, or other amounts you may claim.

Compared with $12,000 (Magistrate Court small claims (SDCL 16-12C-13) only), the whole deposit range fits.

A claim above the applicable limit must either be reduced to that limit or go to a different court.

Towns this court serves

A deposit claim is usually filed where the property sits or where the landlord is.

Bonesteel
Burke
Dallas
Fairfax
Gregory
Herrick

Source: U.S. Census Bureau, 2020 Census place-to-county relationship file.

Statewide court resources

Statewide e-filing portal

Statewide filing service linked by the judiciary; court and case eligibility may vary.

Statewide self-help centre: South Dakota Unified Judicial System Self Help

Free help in Gregory County

Dakota Plains Legal Services
Free legal help for eligible tenants with evictions, landlord disputes and security deposits, including tribal-court matters. Native American clients only in: Aurora, Beadle, Bon Homme, Brookings, Brown, Charles Mix, Clay, Codington, Day, Davison, Duel, Douglas, Edmunds, Faulk, Hamlin, Hand, Hanson, Hutchinson, Jerauld, Kingsbury, Lake, Lincoln, Marshall, McCook, McPherson, Miner, Minnehaha, Moody, Sanborn, Spink, Turner, Union, Yankton. 'Duel' reproduces the source spelling.
Phone: (605) 856-4444

These are independent organisations, not DemandLetterLab.

From letter to filing

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.

This template uses South Dakota law. Your county decides where you file, not which law applies.

Choose how to send your letter

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$49, done for you.

We write the letter from the facts you send, mail it by USPS Certified Mail with tracking, and send you the tracking number and a PDF record of what was sent.

Mailed within 2 business days of your completed form, or a full refund.

Document preparation and mailing, not legal advice. We do not assess your claim, choose a strategy, or promise a recovery.

Write and mail my letter for $49

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A print-ready PDF of the South Dakota letter template, ready to download after payment.

Certified-mail instructions: what to ask for at the counter and what it costs.
South Dakota small-claims details: the limit, the deadline to sue, and where to file.

You fill in the template, print it, and pay postage. The same letter template is also available free by email below. The kit adds the print-ready PDF, mailing guide, and local details in one place.

If you cannot access or use the kit files, contact us for a replacement or a full refund.

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Free South Dakota template, built from verified state data

Methodology: every statute verified against primary sources. See how verification works.

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

How much does it cost to file in Gregory County?

Statewide filing fee: Set by the court; call the clerk or check the court page. Official court website

How long do I have to sue?

Time limit to sue in South Dakota: 6 years.

Where do I file?

Gregory County Circuit Court - Small Claims. Courthouse city: Burke. Check the court's instructions for the right filing location.