Cost of an Eviction in South Dakota

Cost of an Eviction in South Dakota

Last Updated: April 13, 2023 by Elizabeth Souza

The average cost of an eviction in South Dakota for all filing, court, and service fees is $220. Eviction cases can be filed [ttip number=’1′ icon=’popover-balance’] in Circuit Court or Magistrate Court and the filing fees are the same in both courts.  [ttip number=’2′ icon=’popover-balance’]

1. Initial Court Filing Fee

In South Dakota, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Forcible Entry and Detainer”) with the court the following business day. The filing fee for an initial Forcible Entry and Detainer is $70.

2. Summons Service Fee

Once a Complaint is filed in South Dakota, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.

The Summons service fee varies by process server. For example, a sheriff can charge $50, plus mileage, plus $10 for each additional tenant [ttip number=’3′ icon=’popover-balance’] for delivering a Summons.

3. Execution for Possession Issuance Fee

In South Dakota, if the court rules in favor of the landlord, the court shall issue an Execution for Possession. The Execution for Possession is the tenant’s final notice to vacate the premises. The landlord must pay the court clerk filing fee of $5 for the execution issuance.

4. Execution for Possession Service & Enforcement Fee

A South Dakota sheriff must serve the Execution for Possession to the tenant, and they shall charge a service fee of $95. [ttip number=’4′ icon=’popover-balance’]


This fee includes the enforcement fee if a sheriff needs to return to the property to enforce the Execution for Possession.

Once the Execution for Possession is enforced, the sheriff shall return lawful possession of property to the landlord.