What an Eviction Actually Costs in South Dakota

One recent uncontested eviction we handled in Rapid City cost $986.11, and we had possession of the home back within two weeks of filing. In a lot of states, that sentence would sound like fiction.

South Dakota is one of the most landlord-friendly states in the country, and eviction is a big part of why. Still, "cheap and fast" only holds if you do it right, and the legal bill is rarely the biggest cost.

Important: this is general information, not legal advice. Eviction law changes (South Dakota's changed in 2024), and every case is different. Talk to a South Dakota attorney before filing, and know the rules in your county and state. Nothing here is legal advice.

How much does an eviction cost in South Dakota?

In one recent uncontested case we handled in Rapid City, the legal cost was $986.11, and we had possession back within about two weeks of filing. Contested cases, service problems, and court delays cost more. The bigger hit is usually lost rent, turnover, and vacancy — not the filing line alone.

One Real Number, Not a Quote

That $986.11 is one real example from our own files. It isn't an estimate for your situation. Costs vary with the attorney, the county, how service goes, and above all whether the tenant contests the case.

Delays do happen. Our longest South Dakota eviction took about two months, even though the tenant never fought it. The county had a cyber attack and suspended everything in court except criminal cases. That's an outlier. Normally, as long as all your ducks are in a row, it's a relatively painless process.

How the Process Works in South Dakota

Evictions here are called "forcible entry and detainer" actions and are governed by SDCL chapter 21-16. The basics:

When you can file. Under SDCL 21-16-1, an eviction action can be brought when a tenant holds over after the lease ends, or fails to pay rent for three days after it is due.

The notice rule changed in 2024. South Dakota used to require a written three-day notice to quit before filing (SDCL 21-16-2). The Legislature repealed that section in 2024 (Senate Bill 90), effective July 1, 2024. Your lease may still call for a notice, so read it. As a matter of practice, we still send a written three-day notice to pay or vacate to every tenant on the lease, through several different channels, before we file.

Summons and complaint. The case starts with a verified complaint served with a summons (SDCL 21-16-6). The tenant has five days from service to appear and respond (SDCL 21-16-7). That was four days before the 2024 change. Continuances are capped at 14 days unless the tenant posts security for the rent that keeps accruing.

Judgment and possession. If the court rules for the landlord, the judgment is for possession, plus rent, damages, and costs where claimed (SDCL 21-16-10). The court may also award reasonable attorney fees to the prevailing party (SDCL 21-16-11). After judgment, the sheriff's office carries out the lockout.

Our Timeline

Here's how we run it. Rent is due on the 1st and late after the 5th. If it isn't paid and the tenant isn't on a payment plan, we file on the 15th, and we almost always have the home back by the end of the same month.

That payment plan matters. For tenants who just had life punch them in the face — a job loss, a divorce, or a health problem — we offer a plan of 25% due every Friday for four weeks. If they follow it exactly, we waive half the late fees. It works well for people who genuinely want to stay and catch up.

We also cap late fees at $300. South Dakota doesn't set a statutory maximum, but eviction judges tend to frown on excessive fees. Late fees need to be painful enough that tenants try to avoid them, but not so painful that a late tenant gives up on paying at all.

Paid in Full, or Not at All

In our practice, if a tenant pays the full balance — rent, late fees, and filing costs — in guaranteed funds before judgment, we stop the eviction. We've watched a tenant who was months behind come up with every dollar at the last minute, and that case ended there.

What we don't do is accept partial payments once a case is underway. A partial payment is almost always the tenant stalling for time, and many will skip anyway. Accepting one can also muddy your case. Ask your attorney how it's treated where you are. Once it's gotten that far, it's very unlikely the tenant will pay on time going forward. You've just kicked the can down the road.

The Real Cost Isn't the Filing Fee

Here's the math most owners skip. Say rent is $1,500. By the time you file on the 15th and get possession at the end of the month, that's roughly a month of rent you likely won't collect, plus the legal cost, plus turnover. We've shared before that our average turnover spend runs around $800 after security deposit deductions. Then add the days the unit sits empty while it's re-leased.

A judgment lets you pursue the balance through collections and wage garnishment, but a judgment isn't a check. Plan as if most of it won't come back.

And that's the good outcome — a fast, uncontested case. The bad outcome is a tenant who does real damage on the way out. We've shared one of those in the Tenant Horror Story Hall of Fame.

That's why the cheapest eviction is still the one that never happens: good screening, consistent enforcement, and fast communication the moment rent is late. We've written about that in best practices to avoid eviction.

Want to know what your rental should actually be earning? Get a free rental analysis. We manage for owners in Rapid City and the Black Hills and across our other markets.

Frequently Asked Questions

How long does an eviction take in South Dakota?
An uncontested case can move quickly — in our recent example, possession was back within about two weeks of filing. Contested cases and court delays take longer. This isn't a guarantee for your county or facts.

Do you still send a three-day notice?
As a matter of practice, yes. The former statutory three-day notice requirement in SDCL 21-16-2 was repealed in 2024, but leases may still require notice, and we still send written pay-or-vacate notices before filing. Ask a South Dakota attorney about your situation.

Is South Dakota landlord-friendly on eviction?
Compared with many states, yes — timelines and costs are often more workable for owners who follow the statute and their lease. Ask a South Dakota attorney for advice on your case.

Thinking about owning rentals in South Dakota, or dealing with a tenant who's stopped paying?

A fast, by-the-book process protects your income, and a sloppy one can cost you months. Let's talk. Blair Allen Property Management serves owners across South Dakota and Montana.

Chris Twiggs
President, Blair Allen Property Management
📞 605-545-1218
✉️ chris@blairallen.com