Landlord & tenant · South Dakota
the short answer
A landlord who does not comply loses the right to keep any part of the deposit. Bad faith adds punitive damages, but South Dakota caps them at $200 — the lowest ceiling in the country, so the realistic claim is the deposit itself. The deadline is 21 days.
source ↗Not yet checked against the statute.
governing statute
S.D. Codified Laws § 43-32-24
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deadline
21 days
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Across the country. 7 of the 47 states written up answer this the same way as South Dakota. The shortest is 14 days, as in Alaska; the longest is 60 days, as in Alabama. Compare every state →
penalty
A lessor who fails to comply forfeits all right to withhold any part of the deposit. Bad-faith retention, or a bad-faith failure to give the written statement, adds punitive damages — but capped at $200, which is the lowest ceiling of any state.
source ↗Not yet checked against the statute.
small claims limit
$12,000
source ↗Not yet checked against the statute.
exceptions: The limit does not count allowable costs or attorney's fees.
source ↗Not yet checked against the statute.
also
The 21 days run from the later of the tenancy ending and the lessor receiving your mailing address. A full itemized accounting is due within 45 days, but only if you ask for one.
source ↗Not yet checked against the statute.
your situation
Everything above is the law as it reaches everyone in South Dakota. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.
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