How can I get back a residential security deposit in South Dakota?
South Dakota law requires a landlord to either return a tenant's security deposit or give a written statement of specific reasons for any withholding within a short time after the tenancy ends. The landlord may withhold only amounts reasonably necessary for unpaid rent or to restore the premises, excluding ordinary wear and tear. If the landlord fails to follow the law, the landlord may forfeit the right to withhold any deposit and may face a small punitive damage award for bad faith retention.
The law also addresses handling of a tenant's leftover property, with rules that depend on the property's value and how long it remains after the tenant quits. These rules can affect whether a landlord may treat items as abandoned and dispose of them.
Current South Dakota law
Every answer cites the statute
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The deadline that matters
Within two weeks after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions.
What South Dakota law says
Under SDCL § 43-32-24, every lessor must, within two weeks after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the security deposit or provide a written statement showing the specific reason for withholding any portion. The lessor may withhold only amounts reasonably necessary to remedy tenant defaults in rent or to restore the premises to their condition at the start of the tenancy, ordinary wear and tear excepted. If the lessor fails to comply, the lessor forfeits the right to withhold any portion of the deposit, and bad faith retention may subject the lessor to punitive damages not to exceed two hundred dollars. Property left behind is treated under SDCL § 43-32-25 and SDCL § 43-32-26 depending on its reasonable value and how long it is left after the lessee quits.
What to do
A common first step is to send a written demand to the landlord stating the amount owed and providing a forwarding address.
A common next step is to request an itemized accounting of any withheld amounts if one was not provided.
Some tenants choose to gather move-in and move-out photos, receipts for repairs, and the lease to document the condition of the premises.
A common option is preparing to file a claim in small claims court if the landlord fails to return the deposit or provide required accounting.
If personal property was left behind, a common step is to determine whether the property falls under the statutory abandonment rules based on its value and how long it was left.
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Common questions
What must the landlord give me if they keep part of my deposit?
The landlord must provide a written statement showing the specific reasons for withholding any portion of the deposit under SDCL § 43-32-24.
How long does the landlord have to return my deposit?
The landlord must return the deposit or provide the written withholding statement within two weeks after the tenancy ends and the landlord has the tenant's mailing address or delivery instructions, under SDCL § 43-32-24.
Can a landlord keep my deposit for normal wear and tear?
No, the landlord may withhold only amounts reasonably necessary to remedy tenant defaults or to restore the premises to their condition at the start of the tenancy, ordinary wear and tear excepted, under SDCL § 43-32-24.
What happens if the landlord keeps my deposit in bad faith?
Bad faith retention, including failing to provide the required written statement and accounting, can subject the landlord to punitive damages not to exceed two hundred dollars under SDCL § 43-32-24.
What if I left property behind when I moved out?
If the property's reasonable value does not exceed five hundred dollars and it is left for ten days after you quit, it is presumed abandoned under SDCL § 43-32-25; higher-value property must be stored and may be treated as abandoned after at least thirty days under SDCL § 43-32-26.
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This is legal information and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
