South Dakota · Security deposit

How big can the deposit be in South Dakota?

Max 1 month's rent.

A bigger deposit is allowed only if special conditions put the home at risk.

Why, and the exact law
From S.D. Codified Laws § 43-32-6.1, read Oct 6, 2026.
Show the law

“A lessor of residential premises may not demand or receive a security deposit, however denominated, in an amount or value in excess of one month's rent except that a larger deposit may be agreed upon between the lessor and the lessee where special conditions pose a danger to maintenance of the premises …”

S.D. Codified Laws § 43-32-6.1 · sdlegislature.gov

Who can help

  1. Get free legal helpThey can help you ask for it, or go to small claims court.South Dakota Legal Aid
Every rule here, word for word (1)

This page covers state law only. Cities with their own rules have their own pages.

South Dakota lawIn force

South Dakota residential security deposit cap and return rules

How big can the deposit be?

Max 1 month's rent.

A bigger deposit is allowed only if special conditions put the home at risk.

Who it covers

  • Covers: Residential rental premises.
In force since
1976
The law, word for word

“A lessor of residential premises may not demand or receive a security deposit, however denominated, in an amount or value in excess of one month's rent except that a larger deposit may be agreed upon between the lessor and the lessee where special conditions pose a danger to maintenance of the premises …”

S.D. Codified Laws § 43-32-6.1 · sdlegislature.gov · Retrieved Oct 6, 2026

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Information about the law, not legal advice.