---
title: "South Dakota Landlord Rules: Deposits, Notices, Evictions"
description: "South Dakota landlord-tenant rules: deposit capped at 1 month of rent, deposit returned within 21 days, 24-hour entry notice. Official sources linked."
url: "https://mcc-solutionsnj.com/tools/south-dakota-landlord-rules"
---

Free tool · South Dakota · Landlords and tenants

# South Dakota landlord rules: deposits, notices and the eviction steps

The deposit rules, notice periods, eviction case and small claims limit for South Dakota, each from the state's own pages or courts.

**Quick answer.** Security deposit return deadline in South Dakota: 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). Deposit 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).

**Sources checked:** November 2026

**Quick answer.** South Dakota: deposit capped at 1 month of rent; deposit returned within 21 days; 24-hour entry notice; $72 eviction filing fee; $12,000 small claims limit. 14 of 23 items are confirmed on official pages; 9 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

Entry notice

24 hours

Filing fee

$72

Time to answer or appear

5 court days

Small claims limit

$12,000

## Security deposit (4 of 6 confirmed)

Law read: SDCL 43-32-6.1 and 43-32-24.

Need the other side served? [Process serving with an affidavit of service](/notary/process-serving).

- ### 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: Chapter 43-32 (43-32-6.1)](https://sdlegislature.gov/api/Statutes/43-32.html?all=true), checked November 2026
- ### 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](https://sdlegislature.gov/api/Statutes/43-32-24.html?all=true), checked November 2026
- ### 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](https://sdlegislature.gov/api/Statutes/43-32-24.html?all=true), checked November 2026
- ### Not confirmedInterest on the deposit Not confirmed — check [South Dakota Legislature: 43-32-24, Return of security deposit](https://sdlegislature.gov/api/Statutes/43-32-24.html?all=true). Not confirmed from official text. Check SDCL 43-32-24.
- ### Not confirmedWhere the deposit is held Not confirmed — check [South Dakota Legislature: 43-32-24, Return of security deposit](https://sdlegislature.gov/api/Statutes/43-32-24.html?all=true). Not confirmed from official text. Check SDCL 43-32-24.
- ### 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](https://sdlegislature.gov/api/Statutes/43-32-24.html?all=true), checked November 2026

More: [Security deposit rules by state](/tools/security-deposit-rules-by-state#st-SD) · [Deposit return deadline calculator](/tools/security-deposit-return-deadline-calculator?state=SD)

## Notice periods (4 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)](https://sdlegislature.gov/api/Statutes/43-32.html?all=true), 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)](https://sdlegislature.gov/api/Statutes/43-32.html?all=true), 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)](https://sdlegislature.gov/api/Statutes/43-32.html?all=true), checked November 2026 (SDCL 43-32-13) |
| Unpaid rent notice | Not confirmed — check [South Dakota Legislature: SDCL Chapter 43-32 (Lease of real property)](https://sdlegislature.gov/api/Statutes/43-32.html?all=true). Not confirmed. SDCL 21-16-2, which set a three-day written notice to quit, was repealed by 2024 SB 90 (S.L. 2024, ch. 75, signed March 14, 2024). Check SDCL 21-16-1 and the lease for what notice is now required before filing. | |
| Entry notice | Reasonable notice of the intent to enter, and entry only at reasonable times, except in an emergency or where impracticable. Twenty-four hours' written notice is presumed reasonable unless the lease sets another method or time. The notice gives the date, a time window during normal business hours, the purpose, and a way to ask to reschedule. The text: "Twenty-four hours written notice is presumed to be a reasonable notice unless alternate methods of notification or times for entry are mutually agreed upon between the landlord and tenant in the lease." Source: SL 2014, ch 191, § 4. | Source: [South Dakota Legislature: SDCL 43-32-32, Reasonable notice of landlord's intent to enter](https://sdlegislature.gov/api/Statutes/43-32-32.html), checked November 2026 (SDCL 43-32-32) |
| Late fee limits | Not confirmed — check [South Dakota Legislature: SDCL Chapter 43-32 (Lease of real property)](https://sdlegislature.gov/api/Statutes/43-32.html?all=true). Not found in chapter 43-32 as read. Check the lease. | |

More: [Notice periods by state](/tools/landlord-tenant-notice-periods-by-state#st-SD) · [Notice date calculator](/tools/notice-date-calculator?state=SD)

## Eviction case, in order (5 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. #### 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)](https://ujs.sd.gov/media/fgxn44w1/tenant_eviction_print-all-packet.pdf), checked November 2026
- #### ConfirmedFiling fee $72 to file the case filing statement, summons and complaint with the clerk of court; a tenant's answer has its own filing fee, and sheriff or process server service costs extra.pay the $72 filing fee. Source: [South Dakota Unified Judicial System: UJS-109 Checklist for Eviction Action (Rev. 07/2026)](https://ujs.sd.gov/files/ujs-109-checklist-for-eviction-action), checked November 2026

- **The tenant's answer or appearance** #### ConfirmedTime to answer or appear Five days after service to answer and serve the landlord; weekends and holidays don't count.within 5 days of being served. (Service does not include weekends or holidays) Source: [South Dakota Unified Judicial System: UJS-109 Checklist for Eviction Action (Rev. 07/2026)](https://ujs.sd.gov/files/ujs-109-checklist-for-eviction-action), checked November 2026

- **Hearing or trial** #### Not confirmedHearing after filing Not confirmed — check [South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026)](https://ujs.sd.gov/media/fgxn44w1/tenant_eviction_print-all-packet.pdf). Not confirmed on an official page we opened.

- **Judgment and the writ** The order that lets the officer act. #### Not confirmedJudgment to writ Not confirmed — check [South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026)](https://ujs.sd.gov/media/fgxn44w1/tenant_eviction_print-all-packet.pdf). Not confirmed on an official page we opened.

- **Lockout** Carried out by an officer, not by either side. #### Not confirmedWrit to lockout Not confirmed — check [South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026)](https://ujs.sd.gov/media/fgxn44w1/tenant_eviction_print-all-packet.pdf). Not confirmed on an official page we opened.
- #### ConfirmedWho carries out the lockout The judgment form directs the local sheriff's department to remove the tenant on or after the date the court fills in.the local Sheriff's Department is hereby directed to forcibly remove the Defendant/Tenant(s) Source: [South Dakota Unified Judicial System: Landlord/Plaintiff Eviction Packet (Rev. 09/2023)](https://ujs.sd.gov/uploads/forms/evictions/LandlordPlaintiffPacket.pdf), checked November 2026

- **Along the way** Paying to stop the case, counsel and diversion programs. #### 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)](https://ujs.sd.gov/media/fgxn44w1/tenant_eviction_print-all-packet.pdf). Not confirmed on an official page we opened.
- #### ConfirmedRight to counsel (statewide) No statewide right to counsel for tenants in eviction cases (as of November 2026, per the National Coalition for a Civil Right to Counsel): its tracker of enacted laws lists no statewide law here.An eviction right to counsel is created by an enacted law that, at a minimum: Source: [National Coalition for a Civil Right to Counsel (secondary source): National Coalition for a Civil Right to Counsel: Enacted Eviction Right to Counsel and Eviction Defense Programs (last modified November 2026)](https://civilrighttocounsel.org/wp-content/uploads/2023/11/RTC_Enacted_Legislation_in_Eviction_Proceedings_FINAL.pdf), checked November 2026
- #### Not confirmedDiversion or mediation (statewide) Not confirmed — check [South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026)](https://ujs.sd.gov/media/fgxn44w1/tenant_eviction_print-all-packet.pdf). Not confirmed on an official page we opened.

### 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) | Monday, March 8, 2027 |

Help the official pages name: Legal Form Helpline, 1-855-784-0004.

More: [Eviction process timeline by state](/tools/eviction-process-timeline-by-state) · [Eviction timeline estimator](/tools/eviction-timeline-estimator?state=sd)

## Deposit disputes: small claims

- ### 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](https://ujs.sd.gov/Small_Claims/), checked November 2026

More: [South Dakota small claims court](/tools/small-claims-south-dakota)

## Still to confirm

- Interest on the deposit: check [South Dakota Legislature: 43-32-24, Return of security deposit](https://sdlegislature.gov/api/Statutes/43-32-24.html?all=true)
- Where the deposit is held: check [South Dakota Legislature: 43-32-24, Return of security deposit](https://sdlegislature.gov/api/Statutes/43-32-24.html?all=true)
- Unpaid rent notice: check [South Dakota Legislature: SDCL Chapter 43-32 (Lease of real property)](https://sdlegislature.gov/api/Statutes/43-32.html?all=true)
- Late fee limits: check [South Dakota Legislature: SDCL Chapter 43-32 (Lease of real property)](https://sdlegislature.gov/api/Statutes/43-32.html?all=true)
- Hearing after filing: check [South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026)](https://ujs.sd.gov/media/fgxn44w1/tenant_eviction_print-all-packet.pdf)
- Judgment to writ: check [South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026)](https://ujs.sd.gov/media/fgxn44w1/tenant_eviction_print-all-packet.pdf)
- Writ to lockout: check [South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026)](https://ujs.sd.gov/media/fgxn44w1/tenant_eviction_print-all-packet.pdf)
- Paying to stop the case: check [South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026)](https://ujs.sd.gov/media/fgxn44w1/tenant_eviction_print-all-packet.pdf)
- Diversion or mediation (statewide): check [South Dakota Unified Judicial System: Tenant/Defendant Checklist, Instructions and Forms for Eviction (Rev. 07/2026)](https://ujs.sd.gov/media/fgxn44w1/tenant_eviction_print-all-packet.pdf)

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 much notice before a landlord enters a rental in South Dakota?**

Reasonable notice of the intent to enter, and entry only at reasonable times, except in an emergency or where impracticable. Twenty-four hours' written notice is presumed reasonable unless the lease sets another method or time. The notice gives the date, a time window during normal business hours, the purpose, and a way to ask to reschedule.

**How long does an eviction case take in South Dakota?**

Time to answer or appear: 5 court days. These are the stated rules; the court's calendar often takes longer.

**What does it cost to file an eviction case in South Dakota?**

$72 to file the case filing statement, summons and complaint with the clerk of court; a tenant's answer has its own filing fee, and sheriff or process server service costs extra.

**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.

Related: [Landlord rules by state](/tools/landlord-rules-by-state) · [Kits for landlords](/toolkits/for/landlords)

## Keep rental records in order

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