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Security deposits · SD
Last updated October 13, 2026
You moved out, cleaned up, handed back the keys, and the deposit still hasn't shown up. Or it did, minus a list of charges that don't add up. Here is what South Dakota law says about that, in plain terms, with the statute so you can check it yourself.
21 days after the tenancy ends and the landlord receives your mailing address (changed from two weeks in 2026). You can ask for a written itemized accounting within 45 days.
In South Dakota the forwarding address matters more than people expect. The landlord's duty to refund, or your right to the extra damages, is tied to having your address in writing. A text message saying "send it to my new place" is weak evidence. An email or letter with the full address is better.
Bad-faith retention, or bad-faith failure to give the statement, can bring punitive damages of up to $200.
That is the part that tends to move a landlord. Plenty of them hold on to a deposit simply because nobody asks twice. A short letter that names the statute and the penalty changes the math for them: paying you now is usually cheaper than risking the penalty in small claims court.
Unpaid rent, and damage beyond normal wear and tear. Faded paint, light carpet wear and a few small nail holes after a long tenancy are the classic examples of wear and tear. A broken door or a large stain is damage. If the deductions are vague ("cleaning, $400") ask for the itemized list and receipts. Whether you're entitled to one, and how detailed it must be, depends on the statute above.
The deposit itself is capped in South Dakota: one month's rent, unless special conditions justify more. If you paid more than that, the overpayment is part of what you can ask for.
Dear [landlord],
I moved out of [address] on [date] and returned the keys. My security deposit of $[amount] has not been returned, and I have not received an itemized list of deductions within 21 days the law allows.
S.D. Codified Laws §§ 43-32-6.1, 43-32-24 sets out when a landlord in South Dakota must return a deposit and what happens when they don't. I'd rather settle this directly than in court.
Please pay $[amount] to me at [forwarding address] within 10 days of this letter. If I don't receive it by then, I will file a claim in small claims court and ask for everything the statute allows.
Sincerely,
[your name]
The generator fills this in with your actual numbers and dates, adjusts the tone, and gives you a PDF or an email ready to send.
Write my South Dakota demand letter →21 days after the tenancy ends and the landlord receives your mailing address (changed from two weeks in 2026). You can ask for a written itemized accounting within 45 days.
One month's rent, unless special conditions justify more.
Bad-faith retention, or bad-faith failure to give the statement, can bring punitive damages of up to $200.