SB4 • 2026

revise procedures for returning and withholding security deposits for residential premises.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Roby
Last action: 2026-02-12
Official status: Signed by the Governor
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

revise procedures for returning and withholding security deposits for residential premises.

What This Bill Does

revise procedures for returning and withholding security deposits for residential premises.
Official keyword topics: Leased Property Property Official sponsor note: Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4814/Detail">Rohl</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4741/Detail">Crabtree</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4803/Detail">Pischke</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4827/Detail">Vilhauer</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4837/Detail">Wipf</a> and Representative <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4812/Detail">Roby</a> (prime)

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-02-12 Senate
Signed by the Governor
2026-02-05 Senate
Delivered to the Governor
2026-02-04 Senate
Signed by the President
2026-02-04 House of Representatives
Signed by the Speaker
2026-02-03 House of Representatives
Do Pass
2026-02-02 House Commerce and Energy
Certified uncontested, placed on consent
2026-02-02 House Commerce and Energy
Do Pass
2026-02-02 House Commerce and Energy
Scheduled for hearing
2026-01-22 House of Representatives
First read in House and referred to House Commerce and Energy
2026-01-21 Senate
Do Pass
2026-01-20 Senate Commerce and Energy
Certified uncontested, placed on consent
2026-01-20 Senate Commerce and Energy
Do Pass
2026-01-20 Senate Commerce and Energy
Scheduled for hearing
2026-01-13 Senate
First read in Senate and referred to Senate Commerce and Energy

Official Summary Text

revise procedures for returning and withholding security deposits for residential premises.
Official keyword topics:
Leased Property
Property
Official sponsor note: Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4814/Detail">Rohl</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4741/Detail">Crabtree</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4803/Detail">Pischke</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4827/Detail">Vilhauer</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4837/Detail">Wipf</a> and Representative <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4812/Detail">Roby</a> (prime)

Current Bill Text

Read the full stored bill text

26.35.23 101st Legislative Session 4

2026 South Dakota Legislature
Senate Bill 4
ENROLLED

AN ACT

ENTITLED An Act to revise procedures for returning and withholding security
deposits for residential premises.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 43-32-24 be AMENDED:
43-32-24. Every lessor of residential premises shall, within twenty-one days after
the termination of the tenancy and receipt of the tenant's mailing address or delivery
instructions, return the security deposit described in § 43-32-6.1 to the tenant or furnish
to the tenant a written statement showing the specific reason for withholding the deposit,
or any portion of the deposit. The lessor may withhold from the deposit only the amounts
reasonably necessary to:
(1) Remedy tenant defaults in the payment of:
(a) Rent; and
(b) Other funds due to the landlord pursuant to an agreement; and
(2) Restore the premises to their condition at the commencement of the tenancy,
ordinary wear and tear excepted.
Within forty-five days after termination of the tenancy, upon request of the lessee,
the lessor must provide the lessee with an itemized accounting of any deposit withheld.
Any lessor of residential premises who fails to comply with this section forfeits all
rights to withhold any portion of the deposit.
The bad faith retention of a deposit, or any portion of a deposit, by a lessor of
residential premises, in violation of this section, or the bad faith failure to provide the
written statement or itemized accounting, as required by this section, subjects th e lessor
to punitive damages not to exceed two hundred dollars.
26.35.23 2 4
SB4 ENROLLED
An Act to revise procedures for returning and withholding security deposits for residential
premises.

I certify that the attached Act originated in
the:

Senate as Bill No. 4

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk of the House

Senate Bill No. 4
File No. ____
Chapter No. ______

Received at this Executive Office
this _____ day of _____________,

2026 at ____________M.

By
for the Governor

The attached Act is hereby
approved this ________ day of
______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State

Filed ____________, 2026
at _________ o'clock __M.

Secretary of State

By
Asst. Secretary of State