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States/South Dakota/Deposit Remedies
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South Dakota Security Deposit Noncompliance Remedies

A residential lessor who fails to comply with SDCL 43-32-24 forfeits the right to withhold any portion of the deposit. Bad-faith retention or bad-faith failure to provide required statements/accounting can also support punitive damages up to $200.

Last reviewed: August 30, 20262 official sources cited
NoncomplianceForfeiture of withholding rights

Under current §43-32-24.

Bad-faith punitive damagesUp to $200

Subject to statutory facts.

Document the sequence

  • Trigger dates.
  • Address/instruction delivery.
  • 21-day response.
  • 45-day accounting request and response.
  • Exact amount withheld.
South Dakota changed the residential deposit timeline in 2026. Use the current 21-day rule, not older two-week summaries. Educational information only.

Official sources

South Dakota LegislatureSDCL 43-32-24 — Return and withholding of security deposit ↗

Current codified law reflecting the 2026 amendment: 21-day return/statement, 45-day requested itemized accounting, ordinary-wear protection and remedies.

South Dakota Legislature2026 Session Law, Chapter 179 (SB 4) ↗

Official 2026 act changing the residential security-deposit procedure, including the move from two weeks to 21 days.

Related South Dakota guides

Security Deposit →1-Month Limit →21-Day Rule →45-Day Accounting →