How Much Does It Cost to Evict a Tenant in South Dakota? Attorney Fees and Court Costs

Budgeting for a residential eviction in Sioux Falls, Rapid City, or Brookings requires looking beyond the initial courthouse filing fee. While South Dakota offers a streamlined judicial process known as a Forcible Entry and Detainer (FED) action under S.D. Codified Laws § 21-16-1, procedural missteps-such as a property manager attempting to file paperwork on behalf of an LLC without a licensed attorney-can result in immediate case dismissal, wasted service fees, and another month of lost rental income.

For individual landlords handling an uncontested case on their own, mandatory out-of-pocket court and sheriff expenses typically run between $122 and $250. When hiring a South Dakota real estate attorney-either by choice or because the rental property is owned by a corporate entity-total legal and court costs generally range from $650 to $1,500 for an uncontested removal and $1,800 to $3,500+ if the tenant contests the eviction at trial.

Filing Fees in South Dakota Magistrate and Circuit Courts

Under S.D. Codified Laws § 21-16-3, both Circuit Courts and Magistrate Courts (presided over by a magistrate judge) hold concurrent jurisdiction over Forcible Entry and Detainer lawsuits in the county where the rental unit is located. Whether your case is assigned to a circuit judge or a magistrate judge at the Second Judicial Circuit Court, Minnehaha County Courthouse, Sioux Falls, the Seventh Judicial Circuit Court, Pennington County Courthouse, Rapid City, or the First Judicial Circuit Court, Yankton County Courthouse, Yankton, the filing fee is identical.

• Standard Eviction Filing Fee ($72): Under S.D. Codified Laws § 16-2-29 and the South Dakota Unified Judicial System (UJS) civil fee schedule, landlords pay a flat $72 filing fee to the Clerk of Courts when submitting Form UJS-232, South Dakota, Unified Judicial System, Civil Case Filing Statement, Form UJS-111, South Dakota, Unified Judicial System, Summons for Eviction, and Form UJS-112, South Dakota, Unified Judicial System, Verified Complaint for Eviction.
• Default or Trial Motion Filings ($0): South Dakota does not charge an additional clerk fee to file Form UJS-113, South Dakota, Unified Judicial System, Motion for Default Judgment for Eviction or Form UJS-116, South Dakota, Unified Judicial System, Notice of Hearing for Eviction within the same eviction docket.
• Separate Small Claims Action for Heavy Damages ($22 to $72): If a landlord splits the immediate possession action from a later back-rent or property damage claim up to the $12,000 limit under S.D. Codified Laws § 15-39-45, a separate Small Claims filing fee of $22 to $72 applies depending on the dollar amount sought.

Sheriff Service, Process Server, and Lockout Costs

Filing the complaint is only the first mandatory expense. Under S.D. Codified Laws § 21-16-6, the Summons and Verified Complaint must be formally served on the tenant by a county sheriff or authorized private process server:

• Sheriff Service of Summons ($50 + Mileage): Under S.D. Codified Laws § 7-12-18, county sheriffs-such as the Minnehaha County Sheriff's Office, Sioux Falls, the Pennington County Sheriff's Office, Rapid City, and the Lincoln County Sheriff's Office, Canton-charge a statutory base fee of $50 plus mileage to serve the eviction packet.
• Second-Attempt Substitute Service ($25 to $50+): If the tenant dodges the first delivery attempt, S.D. Codified Laws § 21-16-6 mandates a second attempt at least 7 days later, followed by posting on the door and first-class mailing, which adds extra service and mileage charges.
• Writ of Execution & Locksmith Fees ($150 to $300): If the tenant ignores Form UJS-138, South Dakota, Unified Judicial System, Judgment of Eviction and Damages, obtaining and serving a Writ of Execution for a daytime sheriff lockout under S.D. Codified Laws § 21-16-12 typically costs $50 to $95 in sheriff fees, plus $100 to $200 for a locksmith to change the locks on-site.
• Abandoned Property Storage Costs: If the evicted tenant leaves behind personal property worth over $500, S.D. Codified Laws § 43-32-26 requires the landlord to store the items for 30 days, creating potential moving and storage expenses (though the tenant must pay reasonable storage costs to reclaim them).

Average Hourly Rates and Flat Fees for South Dakota Eviction Attorneys

Legal representation is often the largest variable cost in a South Dakota eviction, but in many cases, hiring a lawyer is both a financial safeguard and a strict statutory requirement.

Mandatory Attorney Rule for LLCs and Corporations

Many landlords hold investment properties in a Limited Liability Company (LLC) or corporation for asset protection. However, under S.D. Codified Laws § 15-39-47 and South Dakota Supreme Court rules-explicitly highlighted on Form UJS-109, South Dakota, Unified Judicial System, Checklist for an Eviction Action-if you are filing an eviction on behalf of a corporation or LLC, you must obtain a licensed attorney. A non-lawyer LLC member or property manager cannot represent a business entity in Circuit or Magistrate Court Forcible Entry and Detainer proceedings.

Hourly Rates vs. Flat-Fee Eviction Packages

Across South Dakota markets including Sioux Falls, Rapid City, Aberdeen, and Watertown, landlord-tenant attorneys structure their fees in two primary ways:

• Uncontested Flat-Fee Evictions ($500 to $1,200): Many real estate law firms offer a flat rate covering notice review, drafting and filing the Verified Complaint, arranging service, and securing Form UJS-117, South Dakota, Unified Judicial System, Default Judgment for Eviction or appearing at an uncontested hearing.
• Average Hourly Attorney Rates ($200 to $350/hour): When a tenant files Form UJS-119, South Dakota, Unified Judicial System, Answer for Eviction raising habitability defenses under S.D. Codified Laws § 43-32-8, retaliation claims under S.D. Codified Laws § 43-32-27, or demands a jury trial under S.D. Codified Laws § 21-16-8, attorneys generally bill hourly, bringing total legal fees to $1,500 to $3,500+.

Recovering Legal Fees: Court Judgments and Security Deposits

A major financial question for South Dakota landlords is whether they can recoup their attorney fees and court costs from the evicted tenant.

Taxing Attorney Fees as Court Costs Under S.D. Codified Laws § 21-16-11

In most civil lawsuits, a winning party cannot recover attorney fees unless a written contract specifically allows it. However, South Dakota eviction law contains a powerful statutory exception. Under S.D. Codified Laws § 21-16-11, in all Forcible Entry and Detainer cases, the court is authorized to tax reasonable attorney fees as part of the recoverable court costs whenever judgment is rendered in favor of the plaintiff landlord.

The South Dakota Supreme Court has repeatedly upheld this statutory fee-shifting power. In Arrowhead Ridge I, LLC v. Cold Stone Creamery, Inc., 800 N.W.2d 730 (SD Supreme Court 2011) and Vor, Inc. v. Estate of O'Farrell, 17 N.W.3d 252 (SD Supreme Court 2025), the Supreme Court confirmed that S.D. Codified Laws § 21-16-11 independently authorizes circuit and magistrate judges (as well as appellate courts) to award reasonable attorney fees to a prevailing landlord in a Forcible Entry and Detainer action, adding those fees directly to the money judgment alongside unpaid rent and court costs under S.D. Codified Laws § 21-16-10.

Can Landlords Deduct Legal Fees from the Tenant's Security Deposit?

Whether you can apply a tenant's security deposit toward eviction legal fees is strictly governed by S.D. Codified Laws § 43-32-24. Under this statute, a landlord may withhold from a security deposit only amounts reasonably necessary to:

1. Remedy tenant defaults in the payment of rent (S.D. Codified Laws § 43-32-24(1)(a));
2. Remedy defaults in the payment of other funds due to the landlord pursuant to an agreement (S.D. Codified Laws § 43-32-24(1)(b)); and
3. Restore the premises to their condition at the start of the tenancy, ordinary wear and tear excepted (S.D. Codified Laws § 43-32-24(2)).

Consequently, a landlord can legally deduct eviction court costs and attorney fees from a security deposit only if the written lease agreement contains a valid clause making the tenant liable for eviction expenses and attorney fees as sums due under the agreement, OR if the judge has formally awarded and taxed those fees in Form UJS-138, South Dakota, Unified Judicial System, Judgment of Eviction and Damages. In Practice, because security deposits in South Dakota are capped at one month's rent under S.D. Codified Laws § 43-32-6.1, most landlords apply the security deposit first toward unpaid back rent and physical damages, and then pursue wage or bank garnishment on the remaining court-taxed attorney fee judgment.

How Long Does the Eviction Process Take in South Dakota?

Time equals money during an eviction because every week of delay represents uncollected rent. In South Dakota, an uncontested eviction for non-payment of rent typically takes 2 to 5 weeks (14 to 35 days) from the 3-day rent default to possession. Contested cases or month-to-month lease terminations generally take 4 to 8 weeks. Hiring a seasoned local eviction lawyer from our directory of South Dakota attorneys helps ensure your filings comply with all Unified Judicial System rules so you can recover possession and seek statutory attorney fees without costly continuances.

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