South Dakota allows a deposit above the one-month cap by agreement where special conditions pose a danger to maintenance of the premises, which is a narrow permission that tourism-adjacent portfolios frequently over-read.

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South Dakota rules that apply here
The exception is conditional on special conditions posing a danger to maintenance, agreed between the parties. It is not a general permission to charge more for a tenancy the landlord considers risky. A portfolio applying larger deposits routinely, or as a matter of policy for a class of tenant, is not using the exception as written, and the agreement itself does not cure that.
Where a larger deposit is genuinely justified, the justification belongs in the record alongside the amount. We note the condition relied upon at the point of letting, because at move-out the question is whether the deposit was permitted at all, and an unexplained above-cap figure is difficult to defend after the fact.
The two-week return applies regardless of size, and a larger deposit makes a late return proportionally more damaging. Seasonal tourism demand also produces short lettings with rapid turnover, so the two-week clock arrives repeatedly and quickly rather than occasionally.
South Dakota splits the obligation into two events on very different clocks. The deposit is returned within TWO WEEKS of the tenant moving out, among the shortest payment deadlines anywhere. A written itemised accounting of deductions is only required if the TENANT REQUESTS it, and then within 45 days of that request, among the longest. Payment and explanation are triggered by different events.
The cap is one month's rent, with a larger amount permitted by AGREEMENT where special conditions pose a danger to maintenance of the premises. That is a narrow permission, not a general licence to charge more for a tenancy considered risky, and the agreement itself does not cure a misuse of it, so the specific condition relied upon belongs in the record alongside the amount.
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Only by agreement where special conditions pose a danger to maintenance of the premises. It is not a general permission to charge more for a tenancy you consider risky.
The specific condition relied upon, alongside the amount and at the point of letting. At move-out the question is whether the deposit was permitted at all, and an unexplained above-cap figure is hard to defend later.
No, two weeks applies regardless, and a larger sum makes a late return proportionally more damaging.
Other South Dakota markets, the platforms we work in, and the functions available on their own.
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