South Dakota Landlord-Tenant Laws
This overview summarizes common South Dakota landlord-tenant topics using published statute references (South Dakota Codified Laws 43-32). Laws change — confirm details with official sources.
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Security Deposit Laws
1 month's rent
21 days
No statutory requirement
The rule: Max 1 month's rent, unless landlord and tenant agree to more because special conditions pose a danger to the premises. Since July 1, 2026 (SL 2026, ch 179) the landlord has 21 days, up from two weeks, after the tenancy ends and the tenant's mailing address is received to return the deposit or send a written statement of the specific reasons for keeping any of it; a full itemized accounting is due within 45 days only if the tenant asks (SDCL 43-32-6.1, 43-32-24).
Landlords should provide an itemized deduction list when withholding any portion of the deposit.
Reviewed · SDCL 43-32-6.1, 43-32-24
Eviction Notice Requirements
3 days notice
Immediately
Court filing and service rules vary by county. Use our eviction timeline calculator for planning.
Notice to Vacate
30 days notice
No notice required if lease ends
Late Rent Fees
No statutory requirement
No limit
Additional Regulations
No statewide rent control
24 hours
When to use South Dakota document templates
Use LeaseCraft templates when you need PDF and editable DOCX lease and notice forms built for South Dakota landlords and tenants. Start with the residential lease generator, then add notices from the sidebar.
Common mistakes in South Dakota
- Relying on verbal agreements instead of a written lease with required disclosures
- Missing the security deposit return deadline (21 days)
- Serving eviction or termination notices with incorrect day counts
Frequently asked questions
In South Dakota the security deposit limit is 1 month's rent. The return deadline is 21 days. Max 1 month's rent, unless landlord and tenant agree to more because special conditions pose a danger to the premises. Since July 1, 2026 (SL 2026, ch 179) the landlord has 21 days, up from two weeks, after the tenancy ends and the tenant's mailing address is received to return the deposit or send a written statement of the specific reasons for keeping any of it; a full itemized accounting is due within 45 days only if the tenant asks (SDCL 43-32-6.1, 43-32-24).
Confirm current rules in South Dakota Codified Laws 43-32.
Disclaimer: Educational summary only, not legal advice. Consult a licensed attorney in your state for specific guidance. LeaseCraft is not a law firm. Statutes change — verify requirements with official South Dakota sources before relying on this information. Last reviewed: 2026-09-27.