Typical Legal Cost for Eviction of Tenant in South Dakota
Being a landlord can be a profitable and enjoyable part-time or full-time business. In most cases, the landlord-tenant relationship is mutually beneficial and few problems arise. Occasionally, however, a South Dakota landlord finds herself in a position where she must evict a tenant. The eviction process can be accomplished in small claims court, in most cases, at a relatively small cost. Cases that cannot be handled in small claims court can be more costly.
Eviction Process
In order to legally evict a tenant in South Dakota, the landlord, or plaintiff, must file a statement which explains to the court why the landlord feels she has a legal right to evict the tenant. The tenant, or defendant, must then be legally served with the statement and given an opportunity to defend the statement by filing a response with the court. If the defendant fails to file a response after being properly served, then the plaintiff may ask the court for a default judgment against the defendant. If the defendant files a response, then the parties will appear for a court hearing and the judge will make a ruling in favor of the plaintiff or defendant after hearing all the evidence and argument.
Typical Costs Associated with Filing
The typical costs associated with filing an eviction proceeding will depend on which court the action must be filed in. In South Dakota, small claims courts have jurisdiction over cases where the amount in controversy does not exceed $12,000. Cases where the plaintiff is asking for more than $12,000 must be filed in circuit court. The amount sought in the statement includes past due rent, damages and any fees. As of the date of publication, filing fees for small claims court range from $17.98 to $35.98 depending on the amount sought in the statement. Circuit court filing fees are $70. Additional defendants are an additional $5.98 each. The cost to subpoena a witness is also an additional $2.00.
Proceeding Pro Se vs. Hiring an Attorney
There is no legal requirement that a plaintiff obtain the assistance of an attorney in either court. Most plaintiffs in small claims court proceed pro se, or self-represented. The South Dakota courts website provides the forms necessary to file in small claims court as well as a small claims court brochure. For claims over $12,000 that are required to be heard in circuit court, a plaintiff may choose to hire an attorney. The cost of an attorney will depend on a number of factors such as the complexity of the case, the number of defendants and whether the case is being contested, all of which can significantly increase the legal costs associated with an eviction.
Post Judgment Costs
When a plaintiff files an eviction proceeding against a tenant, he must usually return at a later date to obtain a judgment for the total damages owed. The eviction simply requires the tenant to vacate the premises and then return to determine the amount of damages owed the landlord. Once a judgment has been entered for the total amount of damages owed, the plaintiff may need additional help from the court to collect on the judgment. An execution on judgment is an order that directs the sheriff to find any money or property owned by the defendant that may be used to satisfy the judgment. The cost of an execution is an additional $5.00 and may be obtained from the court clerk.
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