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Security Deposit Laws
Maximum Amount: 1 month’s rent. In rare cases, landlords can request a larger deposit if the property requires extraordinary upkeep and the tenant agrees to the amount in writing (§ 43-32-6.1).
- Receipt Required? No, South Dakota state law does not require landlords to issue a written security deposit receipt.
Return Period: The landlord must return the security deposit (minus lawful deductions) within 21 days after lease termination and receipt of the tenant’s mailing address or delivery instructions (§ 43-32-24).
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Itemized List Required? Yes. If any portion of the deposit is withheld, the landlord must deliver a written statement of explanation within the 21-day window (§ 43-32-24). Furthermore, within 45 days after termination, upon the tenant’s request, the landlord must provide an itemized accounting of any deposit withheld (§ 43-32-24).
Landlord Disclosures
Lead-Based Paint Disclosure: For residential structures constructed before January 1, 1978, the landlord must disclose any known lead-based paint hazards and provide an EPA-approved information pamphlet prior to lease execution (40 CFR § 745.113).
Methamphetamine Disclosure: Prior to entering into a residential lease agreement, any landlord who has actual knowledge of prior methamphetamine manufacturing on the premises must disclose that information in writing to prospective or actual tenants (SDCL § 43-32-30). For multi-unit properties, this mandatory disclosure applies specifically to the individual unit where the manufacturing occurred (SDCL § 43-32-30).
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