South Dakota Tenant Withheld Rent Deposit Evidence Notice
SOUTH DAKOTA TENANT WITHHELD RENT DEPOSIT EVIDENCE NOTICE
Date: [__/__/____]
To lessor or authorized agent: [FULL NAME]
Delivery address: [FULL ADDRESS]
From lessee: [FULL NAME]
Residential premises: [FULL ADDRESS AND UNIT]
Earlier repair notice and withholding reason
On [__/__/____], I gave you notice of the condition requiring repair at the premises: [DESCRIBE CONDITION AND NECESSARY REPAIR]. I delivered it by [METHOD] to [RECIPIENT / ADDRESS]. The necessary repair is estimated to cost $[____], which exceeds my monthly rent of $[____].
On [__/__/____], before withholding this rent payment, I gave you written notice stating this specific reason for withholding: [IDENTIFY NOTICE AND SPECIFIC REASON]. A copy and delivery proof are [ENCLOSED / PREVIOUSLY PROVIDED].
Evidence of deposit
Under SDCL 43-32-9, I withheld $[____] of rent otherwise payable on [__/__/____]. I deposited that amount immediately in a separate [BANK / SAVINGS AND LOAN] account maintained only for making the necessary repairs identified above. I provide written evidence of the deposit with this notice.
| Deposit record | Details |
|---|---|
| Institution and account name | [________________________________] |
| Account identifier, last four digits only | [____] |
| Deposit date and time | [__/__/____] [TIME] |
| Amount deposited for this rent payment | $[____] |
| Transaction or receipt reference | [________________________________] |
| Written deposit evidence enclosed | [BANK RECEIPT / ACCOUNT CONFIRMATION / OTHER] |
Prior deposits for these repairs, if any: $[____]
Total deposited for these repairs through this deposit: $[____]
I will keep these funds in the separate account only for the statutory repair purpose. If you make the repairs, SDCL 43-32-9 calls for the deposit to be released to you. If sufficient money accumulates, the statute permits its use to cause the repairs to be made and paid for. Please send the repair schedule or completion details to [PHONE / EMAIL].
Lessee signature: [________________________________] Date: [__/__/____]
Printed name: [________________________________]
Method and time this notice and evidence were delivered: [________________________________]
Recipient and proof retained: [________________________________]
Official source
About this template
- Last updated
- November 5, 2026
- Citations checked
- November 5, 2026
- Jurisdiction
- South Dakota
- Category
- Landlord & Tenant
Legal authority
- SDCL 43-32-9 (written reason, separate repair account, and evidence upon deposit)
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on November 5, 2026.
SDCL 43-32-9 (checked November 5, 2026): "after written notice stating the specific reason for the withholding, the lessee may withhold payment of rent and immediately deposit it in a separate bank or savings and loan account"
SDCL 43-32-9 (checked November 5, 2026): "written evidence of such action to be provided to the lessor upon deposit, maintained only for the purpose of making repairs"
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