Eviction court costs usually run between $50 and $500 for filing and service of process, though the full cost of taking a tenant through court can climb past several thousand dollars once attorney fees, writ fees, and local surcharges are added in. Every landlord-initiated eviction requires payment at each stage: filing the complaint, serving the tenant, and enforcing the judgment. What a case actually costs depends on the jurisdiction, how many tenants are named, and whether the matter resolves quickly or ends up contested.
The Filing Fee
The biggest upfront charge is the filing fee paid to the court clerk when the eviction complaint is submitted. This fee is what puts the case on the docket and covers the administrative overhead of processing it.1Legal Information Institute. Wex – Court Costs
Filing fees for evictions typically fall between $30 and $400. Cases routed through small claims or justice court tend to sit at the lower end; filings handled by a general civil division cost more. Some jurisdictions use a tiered schedule where the fee scales with the amount of unpaid rent or damages claimed, so an eviction seeking $2,000 in back rent can cost significantly less to file than one seeking $20,000.
Summons and Service of Process
Once the complaint is filed, the court issues a summons notifying the tenant of the lawsuit. Many clerks charge a separate fee for the summons, and that charge often applies per defendant. An eviction naming one tenant costs less than one naming three adult roommates, because each person must receive their own copy.
Delivering the papers is a separate expense. A county sheriff or marshal will serve papers for a flat fee, commonly $30 to $75. Private process servers tend to charge more, often $50 to $150, especially for rush service or when the tenant is hard to locate. If the first attempt fails and the server has to return, the cost climbs. Service is not optional. A case cannot proceed until the tenant has been properly served, and defective service is one of the most common reasons eviction cases get thrown out.
Writ of Possession
Winning the case does not automatically remove the tenant. If the tenant refuses to leave after the ruling, the landlord has to request a writ of possession, called a writ of restitution in some states, which authorizes law enforcement to physically remove the occupant and their belongings. The court charges a fee to issue the writ, and the law enforcement agency charges another to execute it. Combined, these costs typically run $25 to $150, though some jurisdictions charge more.
The writ stage is also where many landlords meet an unexpected cost: dealing with property the tenant leaves behind. Most states require the landlord to store abandoned belongings for a set period before disposing of them. Professional cleanout services for a standard rental unit commonly cost $200 to $800, and recovering that expense from the former tenant is uncertain.
E-Filing and Technology Surcharges
Many jurisdictions now require or encourage electronic filing. Technology fees vary by state and sometimes by county, but they generally run $3 to $25 per filing or per case. Some systems also tack on a convenience fee calculated as a percentage of the total paid, typically 2.5% to 3.5%. Individually small, these stack up when multiple documents are filed over the life of a case.
Attorney Fees
Many landlords handle straightforward evictions without a lawyer, but contested cases and commercial evictions often require representation. Attorney fees for eviction cases generally range from about $500 for a simple uncontested matter to $5,000 or more when the tenant pushes back with counterclaims or procedural challenges.
Under the default rule in American courts, each side pays its own attorney fees regardless of who wins. The U.S. Department of Justice describes this as the “American Rule.”2U.S. Department of Justice. Civil Resource Manual 220 – Attorneys Fees The main exception is a fee-shifting clause in the lease itself. If the lease says the losing party pays the other side’s attorney fees, courts in most states will enforce it. Several states, however, restrict or limit these clauses, and some require them to be reciprocal, meaning a tenant who prevails can recover attorney fees from the landlord. Landlords who assume automatic recovery of attorney fees from a tenant often find out at judgment time that they cannot.
What Pushes the Total Up or Down
Costs fluctuate based on several factors beyond the standard fee schedule:
- Court level. Evictions filed in a lower court or housing court cost less than those in a general civil division. Some jurisdictions treat all evictions as summary proceedings with reduced fees; others charge the same rates as any other civil case.
- Number of defendants. Each adult tenant named triggers additional summons fees and service costs. An eviction against a couple sharing a lease costs roughly twice as much to serve as one against a single tenant.
- Claim amount. Where courts use a tiered structure, the dollar value of the claim sets the filing fee bracket. An eviction seeking only possession, with no money judgment, may fall in the cheapest tier.
- Local surcharges. Some municipalities add flat fees or percentage-based surcharges to fund court technology, legal aid, or courthouse maintenance. These get rolled in at the clerk’s window and are not always listed on state fee schedules.
- Jury demand. If either party requests a jury trial, the court charges extra. Jury demand fees range from $50 to over $150, and the requesting party pays.
Because of these variables, an uncontested eviction against one tenant in a low-cost jurisdiction can come in under $200, while a contested multi-tenant case in an expensive metro area can easily exceed $1,000 in court costs alone, before any attorney fees.
Who Pays in the End
The landlord fronts every cost as the party initiating the lawsuit. No court will process a filing without payment, no matter how strong the case appears. If the landlord wins, the judgment almost always designates the landlord as the prevailing party and awards reimbursement of court costs. Filing fees, service fees, and writ costs are the standard items a court will order the tenant to repay.
Attorney fees follow different rules. Unless the lease contains a fee-shifting clause or a state statute authorizes recovery of attorney fees in eviction cases, the landlord absorbs them even after winning. This distinction catches many landlords off guard: court costs are almost always recoverable; attorney fees usually are not.
Collecting on a judgment is its own problem. If the landlord holds a security deposit, many jurisdictions allow the deposit to be applied toward court-awarded costs after covering unpaid rent. When the deposit is insufficient or nonexistent, the landlord can pursue wage garnishment or a bank levy, both of which involve additional fees and paperwork. Collecting from a former tenant who has already demonstrated an inability or unwillingness to pay rent is often more theoretical than practical.
Fee Waivers for Tenants Who Cannot Afford to Respond
A party who cannot afford court costs can request a fee waiver, formally known as in forma pauperis status. The federal statute governing this process requires the applicant to submit an affidavit showing an inability to pay.3Office of the Law Revision Counsel. 28 USC 1915 – Proceedings In Forma Pauperis Many state courts set the threshold at 125% of the federal poverty level, which for a single individual in 2026 is $15,960, putting the cutoff near $19,950.4U.S. Department of Health and Human Services. 2026 Poverty Guidelines Enrollment in programs like Supplemental Security Income or Medicaid often serves as automatic proof of eligibility.
In practice, fee waivers matter most to tenants defending against eviction rather than to landlords filing them. A granted waiver covers fees charged by the court itself: filing fees, summons fees, and sometimes law enforcement service costs. It does not cover private process server charges, copying costs, or expenses the opposing party may recover if they win.5United States Court of Appeals for the Third Circuit. Fees, In Forma Pauperis, Dismissal
Pre-Filing Notice Costs
Before an eviction complaint can be filed, nearly every jurisdiction requires the landlord to serve a written notice giving the tenant a chance to fix the problem or move out. The notice type depends on the reason: a pay-or-quit notice for unpaid rent, a cure-or-quit notice for lease violations, or an unconditional notice to vacate. Notice periods range from 3 days to 30 days or more depending on state law and tenancy type.
Serving that notice costs something too. Some landlords hand-deliver, but many use a process server or certified mail to create a clear record. Certified mail runs about $4 to $8 per recipient. If a process server is used for both the notice and the later court summons, those service fees essentially double. Failing to properly serve the pre-filing notice is one of the most common reasons eviction cases get dismissed outright, which wastes the filing fee and forces the landlord to start over.