What South Dakota requires
- Within 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions, the landlord returns the deposit or gives a written statement showing the specific reason for withholding any of itS.D. Codified Laws s. 43-32-24 (as amended by SL 2026, ch 179)
- The landlord may withhold only amounts reasonably necessary for unpaid rent or other money due under an agreement, and to restore the premises to their condition at the start of the tenancy, ordinary wear and tear exceptedS.D. Codified Laws s. 43-32-24
- If the tenant asks, the landlord provides an itemized accounting of any deposit withheld within 45 days after the tenancy endsS.D. Codified Laws s. 43-32-24
- A landlord who does not comply forfeits all rights to withhold any part of the deposit; bad-faith retention, or a bad-faith failure to give the statement or accounting, brings punitive damages of up to two hundred dollarsS.D. Codified Laws s. 43-32-24
- Except in an emergency or where impracticable, the landlord gives reasonable notice and enters at reasonable times; 24 hours' written notice is presumed reasonable, and the notice states the date or dates, a period during normal business hours, the purpose, and how the tenant can ask to rescheduleS.D. Codified Laws s. 43-32-32
- The landlord keeps the premises and common areas in reasonable repair, fit to live in and in good and safe working order, except disrepair caused by the tenant's or their guests' negligent, willful or malicious conduct; this duty cannot be waivedS.D. Codified Laws s. 43-32-8
Back to the starting condition
The landlord may withhold only amounts reasonably necessary for unpaid rent or other money due under an agreement, and to restore the premises to their condition at the start of the tenancy, ordinary wear and tear excepted. The landlord's own duty is to keep the premises in reasonable repair, except disrepair the tenant or their guests caused through negligent, willful or malicious conduct.
Restoring something to its starting condition needs a record of that condition. A dated move-in report is that record.
21 days, and an accounting on request
Within 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions, the landlord returns the deposit or gives a written statement showing the specific reason for withholding any of it. The 21 days come from a 2026 amendment to the section.
If the tenant asks, the landlord provides an itemized accounting of the amount withheld within 45 days after the tenancy ends. Failing to comply forfeits the right to keep any of the deposit, and bad faith can add punitive damages of up to two hundred dollars.
Inspections during the tenancy
Except in an emergency or where impracticable, the landlord gives reasonable notice and enters at reasonable times. Twenty-four hours' written notice is presumed reasonable unless the lease sets another method. The notice states the date or dates, a period during normal business hours, the purpose of the entry, and how the tenant can ask to reschedule.
From walkthrough notes to a finished South Dakota report
At move-out, compare each room with the move-in report and note what changed and why, if you know. ReportDraft writes it up room by room, keeps ordinary wear apart from damage, gives each damaged item a plain reason for the written statement, and leaves lines for the landlord and the tenant to sign.
Common mistakes
- Missing the 21 days after the tenancy ends and the tenant's mailing address arrives.
- Giving a total without the specific reason for each amount withheld.
- Ignoring a tenant's request for an itemized accounting within 45 days.
- Charging for ordinary wear and tear.
- Sending an entry notice without the business-hours window, the purpose or a way to reschedule.
Sources
- S.D. Codified Laws s. 43-32-24 (as amended by SL 2026, ch 179), checked October 10, 2026
- S.D. Codified Laws s. 43-32-24, checked October 10, 2026
- S.D. Codified Laws s. 43-32-32, checked October 10, 2026
- S.D. Codified Laws s. 43-32-8, checked October 10, 2026
Last reviewed October 10, 2026. Next review due January 10, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.