How long does a landlord in South Dakota have to return a security deposit?
21 calendar days
Calendar days, and the number changed in 2026: the statute now reads twenty-one days, not the long-standing two weeks. The clock runs from termination of the tenancy AND the lessor's receipt of the tenant's mailing address or delivery instructions, so it does not start until the tenant supplies one, and the statute does not require that address to be in writing. Within that period the lessor must either return the deposit or furnish a written statement showing the specific reason for withholding it. A second, longer clock governs itemization: within forty-five days after termination of the tenancy, and only upon request of the lessee, the lessor must provide an itemized accounting of any deposit withheld. The text says upon request, not upon written request.
In plain terms, the statute says
Two remedies sit side by side. Any lessor who fails to comply with the section forfeits all rights to withhold any portion of the deposit, and that forfeiture is strict, requiring no finding of bad faith or willfulness. On top of that, bad faith retention of the deposit or any portion of it, or bad faith failure to provide the written statement or the itemized accounting, subjects the lessor to punitive damages not to exceed two hundred dollars, and that piece does require a bad-faith finding.
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Questions people ask
How long does a landlord in South Dakota have to return a security deposit?
South Dakota: 21 calendar days. Calendar days, and the number changed in 2026: the statute now reads twenty-one days, not the long-standing two weeks. The clock runs from termination of the tenancy AND the lessor's receipt of the tenant's mailing address or delivery instructions, so it does not start until the tenant supplies one, and the statute does not require that address to be in writing. Within that period the lessor must either return the deposit or furnish a written statement showing the specific reason for withholding it. A second, longer clock governs itemization: within forty-five days after termination of the tenancy, and only upon request of the lessee, the lessor must provide an itemized accounting of any deposit withheld. The text says upon request, not upon written request.
What happens if a landlord in South Dakota is late?
Two remedies sit side by side. Any lessor who fails to comply with the section forfeits all rights to withhold any portion of the deposit, and that forfeiture is strict, requiring no finding of bad faith or willfulness. On top of that, bad faith retention of the deposit or any portion of it, or bad faith failure to provide the written statement or the itemized accounting, subjects the lessor to punitive damages not to exceed two hundred dollars, and that piece does require a bad-faith finding.
Where can I read South Dakota's security-deposit law?
South Dakota's rule is in S.D. Codified Laws § 43-32-24. The link on this page goes to the official text, so you can read the section yourself rather than take our word for it.
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