Suing for a withheld security deposit in South Dakota

Up to $12,000 · 6 years to file.

A landlord who kept your deposit past the legal return deadline. In South Dakota, small-claims cases for this kind of dispute are filed in the Small Claims (Magistrate / Circuit Court), where you can sue for up to $12,000.

Your deadline: South Dakota generally gives you 6 years from when the claim arose to file. Miss it and the court can dismiss the case no matter how clearly you're owed.

The filing fee is around $30 (About $20–$30 plus service.). Before you file, send a written demand letter and keep proof of delivery.

Source: S.D. Codified Laws § 15-39-45; deadlines: S.D. Codified Laws §§ 15-2-13, 15-2-14. Reviewed 2026-06-17 (verify with the court clerk).

Note on deadlines: Contract and property damage 6 yrs; personal injury 3 yrs.

Suing for something else in South Dakota: South Dakota unpaid loan · South Dakota property damage · South Dakota unpaid rent · South Dakota contractor dispute.

Suing for security deposit in nearby states: North Dakota ($15,000, 6 years) · Minnesota ($15,000, 6 years) · Iowa ($6,500, 10 years) · Nebraska ($3,900, 5 years) · Wyoming ($6,000, 10 years) · Montana ($7,000, 8 years).

General legal information, not legal advice. Rules change and vary by county and court; consult a licensed attorney or your court clerk.

Updated July 2026