Court fees for a standard residential eviction usually run between $50 and $500 once you add the clerk’s filing fee, service of process, and a writ of possession if you need one. That’s the narrow answer to how much court fees for an eviction cost. The broader answer is that attorney fees and lost rent almost always dwarf the court’s own charges, and the total financial hit from a single eviction commonly reaches $3,500 to $10,000.
Here is how the individual costs break down, and what else to budget for.
The Filing Fee
The filing fee is what you pay the court clerk to open the case. In most jurisdictions it falls between about $50 and $400. Where you land depends on the court, the county, and sometimes the dollar amount of unpaid rent you’re claiming. A straightforward nonpayment case with a small balance often costs less to file than one with a larger monetary claim or extra causes of action. The fee is generally nonrefundable regardless of outcome.
There is no uniform national figure. Every county sets its own schedule, and neighboring counties can differ sharply. The reliable way to get your exact number is to call the clerk of the court where you plan to file or check that court’s website. Some courts publish online fee calculators.
Service of Process
Once the case is filed, the court papers have to be formally delivered to the tenant. You can’t do it yourself. A neutral third party has to make the delivery so there’s no later dispute about whether the tenant actually got notice, and skipping or botching this step is one of the fastest ways to get a case thrown out.
Two options cover most situations. The county sheriff or constable will serve papers for a flat fee generally in the $20 to $100 range per person served. A private process server charges a similar amount for routine service, with higher fees for rush jobs, repeated attempts, or hard-to-locate tenants. If more than one adult tenant is named on the lease, expect to pay a separate service fee for each.
Writ of Possession
Winning the hearing doesn’t always end the matter. If the tenant stays put after the court rules against them, you need a writ of possession, which is a court order directing the sheriff to physically remove the tenant and their belongings. The clerk charges a fee to issue the writ, typically $40 to $175.
The sheriff’s office may charge its own separate execution fee on top of the clerk’s charge. Some counties also require you to arrange and pay for movers or laborers on the day of the lockout. Landlords who budget only for the initial filing often get caught off guard here.
Other Court Costs
Several smaller fees can surface if the case drags on. Filing a motion costs money. Requesting a continuance can trigger a fee. If either side demands a jury trial, the court charges a separate jury fee that is typically higher than the original filing cost. None of these are guaranteed, but contested cases usually generate at least one or two.
Document costs are another line item people overlook. Courts charge for certified copies of judgments and writs, and you’ll need those copies to enforce the eviction and pursue any money judgment afterward.
Attorney Fees
Attorney fees aren’t technically a court fee, but they’re usually the single largest expense in an eviction. For a straightforward, uncontested case where the tenant doesn’t show up or respond, many eviction attorneys charge a flat fee of $500 to $1,000. That typically covers drafting the paperwork, filing, attending the hearing, and following through on the writ.
Contested cases work differently. When a tenant fights back, raises defenses, or files a counterclaim, attorneys shift to hourly billing in the $150 to $400 range. Total legal costs for a contested eviction can easily exceed $5,000. Representing yourself is legal in most jurisdictions, but eviction procedure is strict enough that one bad notice or filing can reset the entire timeline.
What the Whole Thing Actually Costs
Adding filing costs, service fees, the writ, and attorney fees together, the direct legal expenses for an uncontested eviction typically land between $600 and $2,000. Contested cases can push that past $5,000.
Lost rent is the cost landlords feel most. Eviction timelines vary enormously by state. In the fastest jurisdictions the process wraps up in two to four weeks; in slower states, particularly those with strong tenant protections, it can stretch to three to six months. Every month the tenant isn’t paying while the case moves through the system is money you won’t recover without a separate collections effort. Add turnover costs to clean and re-list the unit, and the total financial impact of a single eviction commonly reaches $3,500 to $10,000.
Can You Make the Tenant Pay the Court Costs?
The landlord pays every fee upfront. The court won’t accept your complaint or issue a writ until the required charges are paid. If you win, you can ask the judge to include court costs in the money judgment against the tenant, and most courts will award filing fees, service costs, and writ fees as part of that judgment.
Attorney fees are harder to recover. In most states, each side pays its own attorney unless a lease clause or state statute specifically allows the prevailing party to recover legal fees. If your lease includes an attorney fee provision, make sure it’s clearly written, because judges scrutinize these clauses carefully.
Even a judgment that covers all your costs is only paper until you collect. A tenant who couldn’t pay rent is unlikely to voluntarily write a check for court costs. You may need to pursue wage garnishment, bank levies, or other collection methods, each with its own fees and timeline.
Fee Waivers If You Can’t Afford to File
Courts offer fee waivers for people who genuinely can’t afford filing costs. This applies to both landlords and tenants, though tenants use it more often. The legal term is proceeding “in forma pauperis.”
Because most evictions happen in state court, the eligibility criteria depend on where you live. Common qualifying factors include receiving public assistance such as SNAP or Medicaid, having household income below a set threshold (often tied to the federal poverty guidelines, which for a single person in 2025 is $15,650 in the contiguous states), or showing that paying the fees would prevent you from meeting basic living expenses.1U.S. Department of Health and Human Services. 2025 Poverty Guidelines You typically only need to satisfy one of these criteria, not all of them.
The process involves a fee waiver application from the court clerk, disclosure of your income, assets, and monthly expenses, and submission to a judge for review. Approval isn’t automatic, and incomplete or inconsistent financial information is a common reason applications get denied.
Writing Off Eviction Costs on Your Taxes
If you own rental property, eviction-related costs are generally deductible as ordinary rental expenses. The IRS allows landlords to deduct legal and professional fees incurred in managing rental property, which includes court filing fees, process server charges, and attorney fees tied to the eviction.2Internal Revenue Service. Publication 527 (2025), Residential Rental Property Individual landlords report these on Schedule E (Form 1040), Part I. Eviction-related legal fees go on Line 19 as other rental expenses, since Line 10 is limited to fees for tax advice and tax form preparation.3Internal Revenue Service. 2025 Instructions for Schedule E (Form 1040) Keep receipts for every court fee, process server invoice, and attorney bill to substantiate the deduction if the IRS asks.
Why Trying to Skip the Court Fees Backfires
Some landlords, frustrated by cost and delay, try to force a tenant out by changing the locks, shutting off utilities, or removing the front door. This is called a self-help eviction, and it’s illegal in every state. The court process exists precisely because the law doesn’t allow landlords to take matters into their own hands, no matter how clearly the tenant has violated the lease.
The financial consequences of a self-help eviction almost always exceed the court fees you were trying to avoid. Tenants who are illegally locked out can sue for actual damages, and many states authorize additional penalties such as statutory damages equal to several months’ rent, attorney fees, and court costs. Some states also impose per-day fines for each day the illegal lockout continues. A landlord who skipped a $200 filing fee can end up owing the tenant thousands. Court fees aren’t optional extras; they’re the price of doing the eviction in a way that actually sticks.