Not legal advice. This page summarizes public statutes and court fee schedules as of the date shown. Rules and fees change; confirm with the court before you file, and talk to a local attorney about your situation.
South Dakota eviction at a glance
| Court | Circuit court (or magistrate court) in the county |
|---|
South Dakota evictions are heard in the circuit court (or magistrate court) in the county. Before filing for unpaid rent, the landlord must give the notice required by 2024 S.B. 90 (SDCL ch. 21-16).
Step by step
- Notice for unpaid rent. The 3-day pre-filing notice in SDCL 21-16-2 was repealed effective July 1, 2024. Rent must be unpaid three days after it is due before filing. (2024 S.B. 90 (SDCL ch. 21-16))
- File in court. If the tenant doesn't pay or move out, file the eviction case in the circuit court (or magistrate court) in the county. Ask the clerk for current filing and service fees. (South Dakota Unified Judicial System)
- Hearing, judgment and removal. After the tenant is served, the court sets a hearing. If the landlord wins, removal happens only through the court's order or writ, carried out by a law enforcement officer. Exact timelines are in the court's self-help materials. (South Dakota Unified Judicial System)
Statewide fees
| Eviction filing fee | Not verified Set by each court or county; no single statewide figure published |
|---|---|
| Service of process and writ / removal | Not verified Set by the county sheriff, marshal or constable |
Fees vary by court or county. For any county we haven't verified, call the clerk before filing.
About the missing details
Why it's missing: We only list eviction court fees published by an official source. South Dakota hasn't published its local filing, service and writ fees online in a form we could verify, so call the clerk of the circuit court to confirm before you file.
General information
Not specific to South Dakota
Across the 21 counties where we've read the official fee schedule, the eviction filing fee runs from $41 to $322. Sheriff or constable service usually adds a per-tenant charge, and a writ of possession adds another. Statewide fixed filing fees we've verified: California $240 (claims up to $10,000), Connecticut $175, Delaware $45, Florida $185, Texas $54.
Closest place with verified data
Hennepin County, MN (about 291 miles away): eviction action filing fee $322
Call or visit the official office
South Dakota Unified Judicial System · Official website
Ask for the clerk's office for the court that handles evictions in your county.
Know the current fee? Tell us. We check every tip against an official source before publishing it.
Official resources
All South Dakota counties
Counties without verified local fees show the statewide rules above.
- Aurora County
- Beadle County
- Bennett County
- Bon Homme County
- Brookings County
- Brown County
- Brule County
- Buffalo County
- Butte County
- Campbell County
- Charles Mix County
- Clark County
- Clay County
- Codington County
- Corson County
- Custer County
- Davison County
- Day County
- Deuel County
- Dewey County
- Douglas County
- Edmunds County
- Fall River County
- Faulk County
- Grant County
- Gregory County
- Haakon County
- Hamlin County
- Hand County
- Hanson County
- Harding County
- Hughes County
- Hutchinson County
- Hyde County
- Jackson County
- Jerauld County
- Jones County
- Kingsbury County
- Lake County
- Lawrence County
- Lincoln County
- Lyman County
- McCook County
- McPherson County
- Marshall County
- Meade County
- Mellette County
- Miner County
- Minnehaha County
- Moody County
- Oglala Lakota County
- Pennington County
- Perkins County
- Potter County
- Roberts County
- Sanborn County
- Spink County
- Stanley County
- Sully County
- Todd County
- Tripp County
- Turner County
- Union County
- Walworth County
- Yankton County
- Ziebach County
Frequently asked
Which court handles evictions in South Dakota?
Circuit court (or magistrate court) in the county.
How much notice does a South Dakota landlord have to give?
The 3-day pre-filing notice in SDCL 21-16-2 was repealed effective July 1, 2024. Rent must be unpaid three days after it is due before filing.
How much does it cost to file an eviction in South Dakota?
Fees vary by court or county. For any county we haven't verified, call the clerk before filing.