Sources checked:
Quick answer. The area: deposit capped at 1 month of rent; deposit returned within 21 days; $12,000 small claims limit. 10 of 23 items are confirmed on official pages; 13 are marked not confirmed, with the page to check.
Key numbers
- Deposit limit
- 1 month's rent
- Deposit back within
- 21 days
- Month-to-month notice (landlord)
- 1 period
- Time to answer or appear
- 5 days
- Small claims limit
- $12,000
Security deposit (4 of 6 confirmed)
Law read: SDCL 43-32-6.1 and 43-32-24.
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ConfirmedDeposit limit
No more than one month's rent, unless both agree to more because special conditions pose a danger to the premises (43-32-6.1).
Source: South Dakota Legislature: 43-32-24, Return of security deposit, checked November 2026
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ConfirmedReturn deadline
Within 21 days after the tenancy ends: the deposit, or a written statement of the specific reason for withholding. On request, an itemized accounting within 45 days (43-32-24).
Itemized accounting, if the tenant asks: 45 days
Source: South Dakota Legislature: 43-32-24, Return of security deposit, checked November 2026
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ConfirmedItemized list of deductions
A written statement of the specific reason; an itemized accounting within 45 days if the tenant asks (43-32-24).
Source: South Dakota Legislature: 43-32-24, Return of security deposit, checked November 2026
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Not confirmedInterest on the deposit
Not confirmed — check South Dakota Legislature: 43-32-24, Return of security deposit. Not confirmed from official text. Check SDCL 43-32-24.
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Not confirmedWhere the deposit is held
Not confirmed — check South Dakota Legislature: 43-32-24, Return of security deposit. Not confirmed from official text. Check SDCL 43-32-24.
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ConfirmedPenalty the law states
Not complying forfeits all rights to withhold; bad faith adds punitive damages of up to $200 (43-32-24).
Source: South Dakota Legislature: 43-32-24, Return of security deposit, checked November 2026
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (3 of 6 confirmed)
What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | A hiring with no set term ends on notice given at least as long before it expires as the term itself, up to one month. | Source: South Dakota Legislature: SDCL Chapter 43-32 (Lease of real property), checked November 2026 (SDCL 43-32-15) |
| Ending month-to-month (tenant) | A hiring with no set term ends on notice given at least as long before it expires as the term itself, up to one month. | Source: South Dakota Legislature: SDCL Chapter 43-32 (Lease of real property), checked November 2026 (SDCL 43-32-15) |
| Rent increase notice | Month-to-month: the landlord may change the terms by written notice at least 30 days before the month ends; the tenant may then end the lease effective the first of the next month with notice within 15 days. | Source: South Dakota Legislature: SDCL Chapter 43-32 (Lease of real property), checked November 2026 (SDCL 43-32-13) |
| Unpaid rent notice | Not confirmed — check South Dakota Legislature: SDCL Chapter 43-32 (Lease of real property). Not in chapter 43-32. Check SDCL chapter 21-16. | |
| Entry notice | Not confirmed — check South Dakota Legislature: SDCL Chapter 43-32 (Lease of real property). The section on entry notice (SDCL 43-32-32) wasn't in the text we could read. Check it directly. | |
| Late fee limits | Not confirmed — check South Dakota Legislature: SDCL Chapter 43-32 (Lease of real property). Not found in chapter 43-32 as read. Check the lease. |
More: Notice periods by state · Notice date calculator
Eviction case, in order (2 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
The unpaid-rent notice period is not confirmed in our files (see the notice table).
- Filing the case Where the case goes and what it costs to start.
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ConfirmedCourt
Eviction cases are filed in circuit court.
IN CIRCUIT COURT
Source: South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026), checked November 2026
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Not confirmedFiling fee
Not confirmed — check South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026). Not confirmed on an official page we opened.
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- The tenant's answer or appearance
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ConfirmedTime to answer or appear
Five days after service to answer, not counting the day served.
within 5 days of being served
Source: South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026), checked November 2026
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- Hearing or trial
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Not confirmedHearing after filing
Not confirmed — check South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026). Not confirmed on an official page we opened.
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- Judgment and the writ The order that lets the officer act.
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Not confirmedJudgment to writ
Not confirmed — check South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026). Not confirmed on an official page we opened.
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- Lockout Carried out by an officer, not by either side.
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Not confirmedWrit to lockout
Not confirmed — check South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026). Not confirmed on an official page we opened.
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Not confirmedWho carries out the lockout
Not confirmed — check South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026). Not confirmed on an official page we opened.
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- Along the way Paying to stop the case, counsel and diversion programs.
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Not confirmedPaying to stop the case
Not confirmed — check South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026). Not confirmed on an official page we opened.
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Not confirmedRight to counsel (statewide)
Not confirmed — check South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026). Not confirmed on an official page we opened.
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Not confirmedDiversion or mediation (statewide)
Not confirmed — check South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026). Not confirmed on an official page we opened.
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Example: a case filed Monday, March 1, 2027
The earliest date of each stage the confirmed rules allow, from our eviction timeline estimator. Earliest under the statute; courts' calendars often take longer.
| Stage | Earliest date |
|---|---|
| Case filed | Monday, March 1, 2027 |
| Answer due (if served the day of filing) | Saturday, March 6, 2027 |
Help the official pages name: Legal Form Helpline, 1-855-784-0004.
More: Eviction process timeline by state · Eviction timeline estimator
Deposit disputes: small claims
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ConfirmedSmall claims limit (for a deposit dispute)
$12,000: the most a small claims case can ask for.
SDCL 16-12C-13: small claims limit is $12,000 or less (SD Unified Judicial System); the UJS advises confirming the current maximum with the clerk of court.
Filing fee to start a case: $24.84 to $42.84.
Source: SD Unified Judicial System: Small Claims Court, checked November 2026
More: South Dakota small claims court
Still to confirm
- Interest on the deposit: check South Dakota Legislature: 43-32-24, Return of security deposit
- Where the deposit is held: check South Dakota Legislature: 43-32-24, Return of security deposit
- Unpaid rent notice: check South Dakota Legislature: SDCL Chapter 43-32 (Lease of real property)
- Entry notice: check South Dakota Legislature: SDCL Chapter 43-32 (Lease of real property)
- Late fee limits: check South Dakota Legislature: SDCL Chapter 43-32 (Lease of real property)
- Filing fee: check South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026)
- Hearing after filing: check South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026)
- Judgment to writ: check South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026)
- Writ to lockout: check South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026)
- Who carries out the lockout: check South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026)
- Paying to stop the case: check South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026)
- Right to counsel (statewide): check South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026)
- Diversion or mediation (statewide): check South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026)
South Dakota kit
South Dakota Landlord Compliance Kit
This page as a printable checklist with every source link and check date, a move-in and move-out deposit checklist with the area return deadline, a notice calendar, an eviction timeline sheet, and an Excel workbook with a tenant notice log, a deposit tracker that works out the return date, and a rent ledger.
Kits for any state: Security Deposit Kit for Landlords and Tenants ($15) · Landlord-Tenant Notice Organizer ($15) · Eviction Case File Organizer ($15)
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How much can a security deposit be in South Dakota?
No more than one month's rent, unless both agree to more because special conditions pose a danger to the premises (43-32-6.1).
How long does a South Dakota landlord have to return a deposit?
Within 21 days after the tenancy ends: the deposit, or a written statement of the specific reason for withholding. On request, an itemized accounting within 45 days (43-32-24). What goes with it: A written statement of the specific reason; an itemized accounting within 45 days if the tenant asks (43-32-24).
How much notice ends a month-to-month tenancy in South Dakota?
From the landlord: A hiring with no set term ends on notice given at least as long before it expires as the term itself, up to one month. From the tenant: A hiring with no set term ends on notice given at least as long before it expires as the term itself, up to one month.
How long does an eviction case take in South Dakota?
Time to answer or appear: 5 days. These are the stated rules; the court's calendar often takes longer.
Can a South Dakota deposit dispute go to small claims court?
The small claims limit in our data: $12,000: the most a small claims case can ask for. The court's own page explains what kinds of cases it hears.
What notice comes before an unpaid-rent case in South Dakota?
Not confirmed in our data files. Check South Dakota Legislature: SDCL Chapter 43-32 (Lease of real property) (https://sdlegislature.gov/api/Statutes/43-32.html?all=true).
How much notice before a landlord enters a rental in South Dakota?
Not confirmed in our data files. Check South Dakota Legislature: SDCL Chapter 43-32 (Lease of real property) (https://sdlegislature.gov/api/Statutes/43-32.html?all=true).
Related: Landlord rules by state · Kits for landlords