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Minnehaha County Eviction Court — Landlord Filing Guide (2025)

Everything South Dakota landlords need to file a Forcible Entry and Detainer in Minnehaha County — fees, courthouse info, timeline, and step-by-step process.

$40
Filing fee
2–3 weeks
Hearing wait
3–5 weeks
Total process
In Person
Filing method

🏛️ Minnehaha County Courthouse Information

⚠️ Minnehaha County — What Landlords Should Know

Minnehaha County (Sioux Falls) uses Circuit Court for FED actions.

Need an Eviction Attorney in Minnehaha County?

Procedural mistakes can get your case dismissed. Get matched with a local Minnehaha County eviction attorney — free consultation.

Step-by-Step: How to File an Eviction in Minnehaha County

1

Serve the Required Notice

Before filing, you must serve a written notice. For non-payment of rent, a 3-day Pay or Quit notice is required. For lease violations, serve a 3-day Cure or Quit notice. Make sure the notice is properly formatted and personally served or posted per South Dakota law.

2

File Your Forcible Entry and Detainer at Minnehaha County Courthouse

After the notice period expires without compliance, file your eviction complaint at the Minnehaha County Courthouse (425 N. Dakota Ave., Sioux Falls, SD 57104). The filing fee is $40. Bring: your lease agreement, the notice, and proof of service.

3

Serve the Summons on the Tenant

After filing, the court issues a summons. In Minnehaha County, service is typically handled by the Sheriff's office or a licensed process server for a fee of $20. You must NOT serve the summons yourself — improper service can get your case dismissed.

4

Attend the Court Hearing

Hearings in Minnehaha County are typically scheduled 2–3 weeks after filing. Attend with all documentation: lease, notices, payment records, and proof of service. If the tenant doesn't appear, you may receive a default judgment. Come prepared to present your case clearly.

5

Obtain and Enforce the Writ of Possession

After a judgment in your favor, request a Writ of Possession from the clerk. The South Dakota Sheriff's office will serve the writ and oversee removal if the tenant refuses to leave voluntarily. Do NOT change locks or remove property yourself — this constitutes illegal self-help eviction in South Dakota.

Minnehaha County Eviction Filing Cost Breakdown

Cost Amount Notes
Court Filing Fee $40 Paid to Minnehaha County Clerk of Court
Summons Service $20 Sheriff or process server fee
Writ of Possession ~$17–$20 Sheriff enforcement after judgment
Attorney (optional) $400–$1500 Recommended for contested cases

Frequently Asked Questions — Minnehaha County Evictions

How long does an eviction take in Minnehaha County?

The typical Minnehaha County eviction takes 3–5 weeks from serving the initial notice to enforcement — assuming the tenant does not contest. A contested eviction can take significantly longer. Minnehaha County is generally considered a landlord-friendly jurisdiction.

How much does it cost to file an eviction in Minnehaha County?

The court filing fee in Minnehaha County is $40. Additional costs typically include: process service or sheriff fee ($20), Writ of Possession enforcement (~$17–$20), and attorney fees if represented ($400–$1500). Total out-of-pocket without an attorney is typically $77–$80.

What court handles evictions in Minnehaha County?

Evictions in Minnehaha County are filed at the Minnehaha County Courthouse, located at 425 N. Dakota Ave., Sioux Falls, SD 57104. The case type is filed as a Forcible Entry and Detainer.

Can I file an eviction online in Minnehaha County?

Minnehaha County does not currently offer online filing for eviction cases. You must file in person at the Minnehaha County Courthouse.

Do I need a lawyer to evict a tenant in Minnehaha County?

South Dakota law allows landlords to represent themselves in eviction court. However, having an attorney reduces the risk of procedural dismissals and improves outcomes, especially in contested cases.

What happens if the tenant doesn't leave after the eviction judgment in Minnehaha County?

After a judgment in your favor, request a Writ of Possession from the court. The Minnehaha County Sheriff's office will then execute the writ — notifying the tenant to vacate, and physically removing them if they refuse. Do NOT attempt to remove the tenant yourself; self-help eviction is illegal in South Dakota.

See full South Dakota eviction laws and notice requirements.

South Dakota Eviction Guide for Landlords →

Download the eviction notice you must serve before filing in South Dakota.

South Dakota Eviction Notice Templates →

Is your tenant facing eviction in Minnehaha County? See their rights.

Tenant Rights in Minnehaha County →

Relevant South Dakota Statutes