State rules
South Dakota Security Deposit Rules
Landlord obligations under S.D. Codified Laws § 43-32-6.1
Deposit limit
1 month's rent
1 month's rent; a larger deposit may be agreed where special conditions pose a danger to the premises
How the deposit limit varies
| Scenario | Maximum deposit | Condition |
|---|---|---|
| Default | 1 month's rent | — |
| Special conditions | No statutory ceiling | "a larger deposit may be agreed upon where special conditions pose a danger to maintenance of the premises" (§ 43-32-6.1) — requires BOTH the qualifying condition and mutual agreement; "special conditions" is not statutorily defined |
- The cap applies to any deposit whose function is securing the rental agreement, however denominated; no separate pet or furnished-unit carve-outs exist in ch. 43-32.
- Unamended since SL 1976 ch 267. 2026 SB 4 (signed 2026-02-12) revised RETURN/withholding procedure (§ 43-32-24 territory), not this cap — but see the depositReturn note below.
Source: S.D. Codified Laws § 43-32-6.1 (1 month; larger by agreement under special conditions), for the figures shown above. This tool is for informational purposes only and does not constitute legal advice. Consult a South Dakota attorney for specific guidance.
Deposit limit verified against S.D. Codified Laws § 43-32-6.1 (1 month; larger by agreement under special conditions) as of Jul 27, 2026.