21 days, counted from when your landlord has your address.
The rule
In South Dakota, the clock starts when: tenancy ends + your mailing address. The landlord then has 21 calendar days, but the duty to refund depends on your address. The statute says:
“Every lessor of residential premises shall, within twenty-one days after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the security deposit… or furnish to the tenant a written statement showing the specific reason for withholding the deposit…”
On request, an itemized accounting of anything withheld is due within 45 days after the tenancy ends.
For example, if you returned the keys on Oct 25, 2026 and gave your address the same day, the date would be Nov 15, 2026. Use the Clock for your own dates.
What the landlord has to send
A written statement of the specific reason; an itemized accounting within 45 days on request.
Do this
On move-out day
Send your forwarding address in writing: in South Dakota it decides when the refund is owed. Photograph every room before you return the keys.
Deductions and wear and tear
South Dakota's statute limits what can be kept to the purposes it lists. We haven't summarised its wear-and-tear language yet; read the section linked above.
For a charge to replace something old, Fair Charge works out a prorated estimate from the item's age and useful life, and says where the useful life comes from. See also the item guides for carpet, paint and cleaning.
If the deadline passes
A lessor who doesn't comply forfeits all rights to withhold; bad faith adds punitive damages of up to $200.
“Any lessor of residential premises who fails to comply with this section forfeits all rights to withhold any portion of the deposit.”
The usual first step is a written demand that states the date the deposit was due and cites the statute. Our demand letter does that and carries any disputed deductions.
Your next steps
- Dated move-out plan for South Dakota: notice, the steps that start the clock, and the deadline.
- Letters: forwarding address · deposit demand · notice to vacate
- Small claims: we haven't verified South Dakota's limit or self-help page yet.
- South Dakota tenant-rights hub
Sources
- S.D. Codified Laws §43-32-24 · checked 2026-10-05
Information, not legal advice. Statutes are quoted from official legislature sites; summaries are ours. Spotted an error? Tell us.