South Dakota Codified Law limits how much a landlord can charge for a security deposit to one month’s rent unless there is additional risk to the property and the tenant agrees to increased fees. After you’ve moved, the landlord will have two weeks to return your security deposit or 45 days if you request an itemized list of deductions.
Security deposits are every renter’s worst nightmare. Not only are they a huge upfront expense but security deposits are infamously difficult to get back. And if you don’t know your rights as a tenant, the process of getting your money back from your landlord is that much more difficult.
Each state has its own laws surrounding security deposits, so it’s important to familiarize yourself with the security deposit laws in your state. That’s why the renters and car
insurance comparison app Jerry
is here to walk you through South Dakota’s security deposit laws. What is South Dakota law on security deposits?
Security deposits made by tenants provide landlords with additional protection against potential property damage and are held for the duration of the lease. When you make a security deposit on a new apartment, you’ll get it back when you move out unless you violate the terms of your lease agreement.
Statues 43-32-6
, 43-32-6.1
, and 43-32-24
of South Dakota’s Codified Laws establish security deposit rules including, maximum limits, allowable deductions, time frames for return, and your options if you are not refunded. What is the maximum security deposit a landlord can charge in South Dakota?
Landlords in South Dakota can charge a security deposit equal to one month’s rent but can request larger deposits if there are additional risks of property damage and the tenant agrees to the increased amount.
Your landlord might request an additional pet deposit unless your pet is a certified service animal. If you have a service animal and your disability is not readily apparent, you may have to provide supporting documents from a licensed professional to avoid paying a pet deposit.
Key Takeaway Your landlord can demand a security deposit greater than one month’s rent but you must agree to the increased rate in order to be charged.
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How long does a landlord have to return a security deposit in South Dakota?
Once your lease has ended and you’ve moved out, your landlord has two weeks to return your security deposit in full or 45 days if you’ve requested an itemized list of deductions. This gives your landlord enough time to inspect the apartment for any damages and confirm you’ve satisfied your requirements as a tenant.
What can a landlord withhold a security deposit for in South Dakota?
Your landlord is legally permitted to make deductions and use your security deposit to cover:
Breaches of contract resulting in financial loss
Cost of damages caused by the failure to comply with tenant obligations but not those considered as normal wear and tear
Landlords can charge for damages caused by tenantnegligence or abuse of the rental property and ultimately affect the unit’s rentability. Think pet ripped carpet, missing light fixtures, holes in the wall, and the water damage you forgot to tell your landlord about.
South Dakota requires landlords to provide tenants with a written statement outlining with the full deposit won't be returned, but you’ll have to request an itemized list of deductions if you want to know what your landlord withheld your security deposit for.
Key Takeaway If all or part of your security deposit is withheld you can request an itemized list of deductions to ensure they were allowable.
MORE: Does renters insurance cover mold?
How to get your security deposit back in South Dakota
Whether your landlord refuses to pay or fails to return your security deposit within the 14 and 45-day limit, you can sue your landlord in small claims court.
Court litigation can be a lengthy and exhaustive process, so contact your landlord and request your security deposit in writing if you haven’t already. The delay in your security deposit return may be a mistaken return address or forgotten altogether.
If your landlord refuses to pay and you choose to take them to court you’ll stand to recover your full security deposit plus $200 in damages and any legal fees associated with the claim.
How to save money on car and renters insurance in South Dakota
The best way to save money on renters insurance is to bundle it with your auto insurance policy. Most companies will offer discounts between 5% and 25% on both policies. If you aren’t receiving affordable quotes from your current carrier, you’ll want to shop around to find cheap renters and car insurance
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