South Dakota Pet Deposit Laws

Learn South Dakota pet deposit rules under S.D. Codified Laws §43-32-24. Can landlords charge pet deposits? Can they keep it for pet damage? What about service animals and ESAs?

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Pet Deposit Rules in South Dakota

In South Dakota, pet deposits are subject to the same rules as security deposits under S.D. Codified Laws §43-32-24. Landlords may charge a pet deposit to cover potential pet-related damage, but it cannot be used to cover normal wear and tear. Whether the pet deposit is refundable depends on the terms of your lease and whether actual pet damage occurred. The total of all deposits — including pet deposits — may be subject to a statutory cap depending on South Dakota law.

Service Animal Exception

Under the federal Fair Housing Act, landlords cannot charge pet deposits for service animals (ADA) or emotional support animals (FHA) — this applies in all 50 states regardless of South Dakota law.

What to Do About Your Pet Deposit in South Dakota

  1. 1

    Review your lease to confirm the pet deposit amount and refundability

  2. 2

    Document pet-related areas at move-in AND move-out with photos

  3. 3

    Get written confirmation of whether your pet deposit is refundable

  4. 4

    If landlord keeps pet deposit without itemization within 14 days, dispute it citing S.D. Codified Laws §43-32-24

  5. 5

    Service or emotional support animal? The landlord cannot charge you any pet deposit

Legal Reference

Wear & Tear Protected
Primary StatuteS.D. Codified Laws §43-32-24
Penalty StatuteS.D. Codified Laws §43-32-26
Small Claims Limit$12,000
Statute of Limitations6 years

Questions

Common questions answered.

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.

Yes, landlords in South Dakota may charge a separate pet deposit to cover potential pet-related damage. However, it is subject to the same rules as the main security deposit under S.D. Codified Laws §43-32-24: it must be returned (or itemized) within 14 days, and cannot be kept for normal wear and tear.

No. Under the federal Fair Housing Act, landlords cannot charge any pet deposit or pet fee for service animals (ADA) or emotional support animals (FHA). This applies in South Dakota and all 50 states regardless of state law. Charging a pet deposit for a service or support animal is illegal discrimination.

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