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Landlord's Desk

State law guide · Checked November 14, 2026

South Dakota landlord rules: late fees, deposits and rent increases

South Dakota's landlord and tenant chapter says nothing on late fees or rent increase amounts. It does cap deposits at one month's rent and sets a 21-day return deadline, which changed in 2026. Here is what chapter 43-32 of the codified laws says, with the section for each rule.

All states

The short version

  • The statute sets no late fee cap and no required grace period. Your lease sets both.
  • Deposit limit: one month's rent, unless special conditions endanger maintenance of the premises.
  • Return the deposit, or send a written statement of the specific reason for withholding, within 21 days after the tenancy ends and you have the tenant's mailing address or delivery instructions.
  • A landlord who doesn't comply forfeits the right to withhold any part of the deposit.
  • Raising rent in a month-to-month tenancy takes 30 days' written notice before the end of the month, and cities can't adopt rent control.

Late fees in South Dakota

Limit
None in the statute. S.D.C.L. ch. 43-32
Grace period
None in the statute. S.D.C.L. ch. 43-32
Other conditions
None in the statute. S.D.C.L. ch. 43-32

Security deposits in South Dakota

Maximum deposit
One month's rent. A larger deposit may be agreed where special conditions pose a danger to maintenance of the premises. The statute doesn't define special conditions. S.D.C.L. § 43-32-6.1
Return deadline
21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions. A 2026 law changed the deadline from two weeks to 21 days. S.D.C.L. § 43-32-24
Itemized deductions
Within the 21 days, return the deposit or send a written statement of the specific reason for withholding it. If the tenant asks, a full itemized accounting is due within 45 days after the tenancy ends. S.D.C.L. § 43-32-24
Interest
The statute doesn't require it. S.D.C.L. § 43-32-24
How it's held
No special account or bond in the statute. S.D.C.L. ch. 43-32
Penalty
A landlord who doesn't 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, also exposes the landlord to punitive damages up to $200. The statute sets no multiplier. S.D.C.L. § 43-32-24

Rent increases in South Dakota

Notice to raise rent
At least 30 days' written notice before the end of the month, for a month-to-month tenancy. The change takes effect at the end of the month. The tenant may then end the tenancy by giving notice within 15 days of receiving the landlord's notice. S.D.C.L. § 43-32-13
Statewide cap
None in the statute. A rent increase above fair market value that follows a tenant's complaint or repair notice can give the tenant a cause of action. That is a retaliation rule, not a cap. S.D.C.L. ch. 43-32
City rent control
Not allowed. No local governmental unit may enact, maintain, or enforce a rule that would control the amount of rent. A local government can still manage property it owns. S.D.C.L. § 6-1-13

This page covers South Dakota state law for ordinary residential rentals. Cities and counties can add their own rules, and subsidized housing and mobile home lots follow different ones.

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Questions landlords ask

Is there a late fee limit for rent in South Dakota?

Not in the landlord and tenant chapter (S.D.C.L. ch. 43-32). The lease sets the late fee and any grace period.

What is the maximum security deposit in South Dakota?

One month's rent, unless special conditions endanger maintenance of the premises and a larger deposit is agreed (S.D.C.L. § 43-32-6.1).

How long does a South Dakota landlord have to return a security deposit?

21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions, or send a written statement of the specific reason for withholding it (S.D.C.L. § 43-32-24).

Free templates you can use in South Dakota

These are plain templates that aren’t tied to one state. Fill in the numbers your statute and lease call for.

Keep South Dakota rent and deposits on one ledger

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This guide is general information, not legal advice. It summarizes state statutes as read on November 14, 2026; laws change and courts interpret them. Check the current statute (South Dakota Codified Laws, chapter 43-32) or talk to a local attorney before you act.