Landlord & Housing · free generator
South Dakota Security Deposit Demand Letter
You moved out, you left the place in decent shape, and your deposit still has not come back. In South Dakota, that is not a judgment call: under South Dakota Codified Laws section 43-32-24, your former landlord generally has 21 days to return your deposit or send an itemized statement of deductions. This generator produces a demand letter that cites SDCL § 43-32-24 by name, states the legal deadline, and puts your landlord on notice that small claims court — where South Dakota hears claims up to $12,000 — is the next stop. You do not need perfect English or a lawyer for this; the statute does the arguing. Fill in the blanks below, send it by certified mail, and keep a copy — the letter that cites the actual law is the one that gets answered.
[Date]
[Your former landlord's name]
Re: Demand for return of security deposit — [Rental property address]
Dear [Your former landlord's name],
I am writing to formally demand the return of my security deposit of [Deposit amount] for the property at [Rental property address], which I have vacated and returned to your possession.
Under South Dakota Codified Laws section 43-32-24 (SDCL § 43-32-24), you were required to return my security deposit, or provide a written itemized statement of any lawful deductions, within 21 days. Yes - a written statement of the specific reason for withholding is due within the 21 days, and if the tenant requests it the landlord must supply a full itemized accounting within 45 days of termination. Deductions for normal wear and tear are not permitted.
As of the date of this letter, I have received neither my deposit nor a lawful accounting for it. Please send the full amount of [Deposit amount] to my forwarding address: [Forwarding address for payment].
If I do not receive payment or a lawful written response within 10 days, I will file a claim in small claims court, where South Dakota law allows claims up to $12,000, and I will pursue every remedy available under SDCL § 43-32-24, including any statutory damages for wrongful retention.
I would prefer to resolve this without litigation. Prompt payment will close the matter.
Sincerely,
[Your full name]
Know your rights
Security deposit law in South Dakota
- Return deadline
- 21 days
- Governing statute
- SDCL § 43-32-24
- When the clock starts
- The landlord must return the deposit, or furnish a written statement of the specific reason for withholding any portion, within 21 days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions. A 2026 amendment (SL 2026, ch. 179, effective July 1, 2026) lengthened the deadline from the former two weeks.
- Itemized deductions
- Yes - a written statement of the specific reason for withholding is due within the 21 days, and if the tenant requests it the landlord must supply a full itemized accounting within 45 days of termination.
- If it's wrongfully kept
- A landlord who fails to comply with the section forfeits all rights to withhold any portion of the deposit; bad-faith retention (including failure to provide the required written statement or itemized accounting) additionally subjects the landlord to punitive damages of up to $200 on top of the amount owed.
- Small claims limit
- $12,000 (small claims, Magistrate Court)
Worth knowing: South Dakota's return clock just changed: legislation effective July 1, 2026 stretched the old two-week deadline to 21 days, and it still does not start until the landlord has the tenant's mailing address or delivery instructions - so the demand letter should supply one. Deposits are capped at one month's rent under SDCL 43-32-6.1 unless special conditions posing a danger to maintenance of the premises justify a larger agreed deposit. Tenants should send a written request for the 45-day itemized accounting whenever anything is withheld, because failure to provide it is itself a trigger for the punitive-damages remedy. No interest is owed.
Last reviewed August 2026 · General information, not legal advice · Read the statute
Field notes
Three tips before you send
- Send it by certified mail with a return receipt — that dated record is the first exhibit a South Dakota small claims judge will ask about. Keep a copy with your move-out photos and lease.
- The landlord must return the deposit, or furnish a written statement of the specific reason for withholding any portion, within 21 days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions. A 2026 amendment (SL 2026, ch. 179, effective July 1, 2026) lengthened the deadline from the former two weeks.
- If the deadline has already passed, skip the text-message negotiation. Filing in small claims ($12,000 (small claims, Magistrate Court)) usually costs under $75, and most landlords pay between the summons and the hearing.
Other states
Deposit letters for every state
Straight answers
Questions people ask
How long does a landlord have to return a security deposit in South Dakota?
The landlord must return the deposit, or furnish a written statement of the specific reason for withholding any portion, within 21 days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions. A 2026 amendment (SL 2026, ch. 179, effective July 1, 2026) lengthened the deadline from the former two weeks. The governing statute is South Dakota Codified Laws section 43-32-24. Yes - a written statement of the specific reason for withholding is due within the 21 days, and if the tenant requests it the landlord must supply a full itemized accounting within 45 days of termination.
What can I recover if my landlord wrongfully keeps my deposit in South Dakota?
A landlord who fails to comply with the section forfeits all rights to withhold any portion of the deposit; bad-faith retention (including failure to provide the required written statement or itemized accounting) additionally subjects the landlord to punitive damages of up to $200 on top of the amount owed. These cases are built for small claims court — the South Dakota limit is $12,000 (small claims, Magistrate Court), filing fees are modest, and no lawyer is needed.
Anything else South Dakota renters should know about deposits?
South Dakota's return clock just changed: legislation effective July 1, 2026 stretched the old two-week deadline to 21 days, and it still does not start until the landlord has the tenant's mailing address or delivery instructions - so the demand letter should supply one. Deposits are capped at one month's rent under SDCL 43-32-6.1 unless special conditions posing a danger to maintenance of the premises justify a larger agreed deposit. Tenants should send a written request for the 45-day itemized accounting whenever anything is withheld, because failure to provide it is itself a trigger for the punitive-damages remedy. No interest is owed.
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