SECURITY DEPOSIT ITEMIZATION & SETTLEMENT STATEMENT
(S.D. Codified Laws §§ 43-32-24 & 43-32-25)
DOCUMENT HEADER
Landlord/Managing Agent: [LANDLORD LEGAL NAME]
Address: [LANDLORD STREET, CITY, SD ZIP]
Telephone / E-Mail: [LANDLORD CONTACT]
Tenant(s): [TENANT FULL LEGAL NAME(S)]
Forwarding Address Provided: [TENANT ADDRESS]
Premises: [RENTAL PROPERTY STREET, CITY, SD ZIP]
Lease Commencement: [MM/DD/YYYY]
Move-Out / Termination Date (“Termination Date”): [MM/DD/YYYY]
Original Security Deposit (“Deposit”): $[AMOUNT]
Date of This Statement (“Effective Date”): [MM/DD/YYYY]
[// GUIDANCE: Send or hand-deliver this statement no later than fourteen (14) calendar days after the Termination Date and receipt of Tenant’s forwarding address. If repairs/cleaning require additional time, you must still send this notice within 14 days advising that a supplemental statement will follow within 45 days, per SDCL § 43-32-24.]
I. RECITALS
A. Tenant and Landlord entered into a written Lease dated [LEASE DATE] (the “Lease”) for the Premises.
B. Tenant has surrendered possession of the Premises as of the Termination Date.
C. Pursuant to SDCL §§ 43-32-24 & 43-32-25 and the Lease, Landlord is required to account for, and return any undisputed balance of, the Deposit.
D. This Statement satisfies Landlord’s statutory duty to provide a “written, itemized accounting” of any sums retained from the Deposit.
II. DEFINITIONS
For purposes of this Statement only:
1. “Ordinary Wear and Tear” means deterioration that results from the intended use of the Premises and that occurs without negligence, carelessness, accident, or abuse.
2. “Excess Damage” means any damage beyond Ordinary Wear and Tear.
3. “Itemization Statement” means this writing and any supplemental writing issued within forty-five (45) days of the Termination Date.
4. “Allowable Deduction” means a deduction expressly permitted by SDCL § 43-32-24, including but not limited to unpaid rent, Excess Damage repair, cleaning necessary to restore the Premises to its condition at commencement (less Ordinary Wear and Tear), or outstanding utility charges.
III. SUMMARY OF DEPOSIT ACCOUNTING
| Description | Amount (USD) |
|---|---|
| Original Deposit | $[DEPOSIT AMT] |
| Total Allowable Deductions (see Section IV) | $[TOTAL DEDUCTIONS] |
| Balance Owed to Tenant | $[DEPOSIT AMT – TOTAL DEDUCTIONS] |
[// GUIDANCE: If the deductions exceed the Deposit (rare), change the table title to “Balance Owed by Tenant” and demand payment, observing fair-debt collection laws.]
IV. ITEMIZED DEDUCTIONS
The following deductions were made in good-faith compliance with SDCL § 43-32-24 and the Lease. All receipts and corroborating records are retained and will be made available for inspection during normal business hours upon reasonable notice.
| Line # | Category | Detailed Description | Statutory Basis | Amount (USD) |
|---|---|---|---|---|
| 1 | Unpaid Rent | [MONTH/YEAR] rent not received | Rent arrearage | $[ ] |
| 2 | Cleaning | Carpet steam-cleaning beyond standard turnover | Excess cleaning | $[ ] |
| 3 | Repairs | Patch/paint drywall hole in bedroom wall | Excess Damage | $[ ] |
| 4 | Utilities | Final water bill (Acct #[ ]) | Unpaid utility | $[ ] |
| TOTAL DEDUCTIONS | $[ ] |
[// GUIDANCE: Attach copies of invoices if available; at minimum, retain them for your files to defend against any statutory claim.]
V. PAYMENT ENCLOSED
A check in the amount of $[BALANCE] payable to [TENANT NAME] is enclosed.
Check No.: [ ] Bank: [ ]
VI. RIGHTS, DISPUTE PROCEDURE & STATUTORY NOTICE
- Tenant may dispute the accuracy of this Statement by delivering written objections to the undersigned at the address above within seven (7) business days of receipt.
- If the parties cannot resolve a dispute informally, Tenant may pursue remedies in the [COUNTY] County Housing Court pursuant to SDCL §§ 43-32-24 & 25.
- A landlord’s willful failure to comply with these statutes may subject the landlord to return of the Deposit and statutory penalties, plus reasonable attorney’s fees, as provided by law.
VII. SUPPLEMENTAL STATEMENT (IF APPLICABLE)
☐ Not Applicable – All deductions are final.
☐ Applicable – Additional cleaning/repair invoices are pending. Landlord reserves the right to issue one (1) supplemental Itemization Statement within forty-five (45) days of the Termination Date as permitted by SDCL § 43-32-24.
VIII. GOVERNING LAW & VENUE
This Statement, and any dispute arising herefrom, shall be governed by the laws of the State of South Dakota without regard to conflict-of-laws principles. Exclusive venue lies in the [COUNTY] County Housing Court.
IX. RESERVATION OF RIGHTS
Except as expressly set forth herein, Landlord reserves all rights and remedies under the Lease and applicable law, including the right to pursue collection of any additional amounts that may come due.
X. EXECUTION
Respectfully submitted,
[AUTHORIZED SIGNATORY NAME]
Title: [PROPERTY MANAGER / LANDLORD]
Date: [MM/DD/YYYY]
[// GUIDANCE: Electronic signatures are enforceable in South Dakota under SDCL ch. 53-12. Consider obtaining a read-receipt or certified mail return to confirm Tenant’s receipt.]
This Itemization Statement is provided in compliance with S.D. Codified Laws §§ 43-32-24 & 43-32-25. Nothing herein constitutes legal advice to the Tenant.