This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case.
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Landlord & tenant · South Dakota

Can I sue for a landlord keeping my deposit in 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.

Which law covers security deposits in South Dakota?

governing statute

S.D. Codified Laws § 43-32-24

source ↗Not yet checked against the statute.

How long does a landlord have to return a security deposit in South Dakota?

deadline

21 days

source ↗Not yet checked against the statute.

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 →

What is the penalty if a landlord keeps your deposit in South Dakota?

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.

How much can you sue for in South Dakota small claims court?

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.

What else should you know in South Dakota?

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

That is the rule. Whether it is your answer is a different question.

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.

This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy

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