14 days after move-out | Deposit recovery depends on facts | S.D. Codified Laws §43-32-24
Law verified March 11, 2026
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Check My DepositSouth Dakota security deposit law is governed by S.D. Codified Laws §43-32-24, which sets out the rights and obligations of both landlords and tenants. Under this statute, your landlord has 14 days after you move out to either return your full security deposit or provide a written itemized statement of any deductions - along with the remaining balance.
While South Dakota does not impose a penalty multiplier, a landlord who misses the 14-day deadline loses the legal basis to justify any deductions. You can recover the full deposit through South Dakota small claims court - which handles disputes up to $12,000 - without needing an attorney.
This state has extra conditions in the remedy model. Treat the free result as a maximum modeled outcome, not a guaranteed court award, and review any notice, intent, coverage, or local-law issues before relying on a multiplier.
South Dakota also requires landlords to provide a written, itemized breakdown of all deductions within the deadline window. A vague entry like “repairs” or “damages” without specific descriptions and dollar amounts is generally insufficient under S.D. Codified Laws §43-32-24. If no proper itemization was provided on time, the deductions may be invalid regardless of their underlying merit.
Critically, S.D. Codified Laws §43-32-24 explicitly prohibits landlords from charging for normal wear and tear - the gradual deterioration that results from ordinary, reasonable use of the property. This includes routine repainting, carpet wear from foot traffic, minor wall scuffs, and similar everyday wear. Charges for these items are not legally permitted in South Dakota.
The sections below explain each aspect of South Dakota deposit law in detail. If you have already received a deduction or no deposit return, our free analysis tool evaluates your specific situation against S.D. Codified Laws §43-32-24, estimates the maximum modeled recovery, and generates a personalized demand letter.
Deadline
Under S.D. Codified Laws §43-32-24, your South Dakota landlord has 14 days to return your security deposit from the date you move out. This deadline applies regardless of whether your landlord believes deductions are owed. If they want to make deductions, they must still respond within this window with an itemized written statement.
The 14-day clock starts on your move-out date.
Note: South Dakota requires you to provide your landlord with a written forwarding address before the refund deadline begins. Without this, your landlord has no legal obligation to return your deposit yet.
Complexity note: Note: South Dakota's deposit return rules have some case-by-case complexity. The deadline and penalty rules above represent the general standard under S.D. Codified Laws §43-32-24, but specific circumstances, such as disputed move-out dates, lease terms, or property type, may affect your claim. Our free analysis accounts for these variables.
Penalty
South Dakota does not impose a statutory penalty multiplier on top of the deposit amount, but you are still entitled to recover the full amount wrongfully withheld. You can sue your landlord in small claims court (up to $12,000 in South Dakota) to recover your deposit plus court filing costs. Many landlords comply once they receive a formal demand letter.
Missing the 14-day deadline can strengthen your claim, but the exact remedy still depends on the facts.
S.D. Codified Laws §43-32-26
Itemization
South Dakota law requires your landlord to provide an itemized written statement of any deductions within the same 14-day window. The statement must list each specific deduction with a corresponding dollar amount. A vague statement like "cleaning and repairs: $400" is generally insufficient; line items are required.
Legal Reference
Wear & Tear ProtectedQuestions
Your South Dakota landlord has 14 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by S.D. Codified Laws §43-32-24.
If your landlord misses the 14-day deadline, you can sue in South Dakota small claims court (up to $12,000) to recover your full deposit plus court costs. While South Dakota doesn't impose a penalty multiplier, the threat of court often motivates compliance.
No. South Dakota law under S.D. Codified Laws §43-32-24 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.
South Dakota small claims court handles disputes up to $12,000. Most security deposit cases fall well within this limit. No attorney is required, and filing fees are typically $30–$75. Cases are usually heard within 4–8 weeks of filing.
The statute of limitations for security deposit claims in South Dakota is 6 years from the date of the violation. Don't wait. Gather documentation and act promptly. After the statute of limitations expires, you lose your legal right to recover the deposit.
Yes. In South Dakota, you must provide your landlord with a written forwarding address before the deposit return deadline begins. The 14-day clock starts when your landlord receives your forwarding address, not on your move-out date. Without this, your landlord may argue the deadline hasn't started.
South Dakota landlords must provide a written, itemized statement listing each deduction with a specific dollar amount. Vague descriptions like "repairs: $500" are generally insufficient; the statement should identify what was repaired and why. This itemization must be provided within 14 days.
| State | Deadline | Penalty | Small Claims |
|---|---|---|---|
South DakotaYou | 14 days | Civil | $12,000 |
| 45 days | 3× | $10,000 | |
| 30 days | 2× | $7,000 | |
| 45 days | Forfeiture | $10,000 | |
| 21 days | 3× | $12,500 | |
| 30 days | 3× | $20,000 |
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