How to Get a Court Fee Waiver for Alabama Renters

If you are a renter in Alabama and need to go to court because of a housing issue—like an eviction, security deposit dispute, or repairs—you’re usually required to pay court filing fees. But if you cannot afford these costs, you may qualify for a court fee waiver. This guide explains key steps, official forms, and your rights as a renter in Alabama when seeking a fee waiver.

Understanding Court Fee Waivers for Renters in Alabama

Filing fees can be a barrier for renters who need legal protection or want to respond to a landlord’s court action. A fee waiver (also called proceeding "in forma pauperis") allows you to file or respond in court without paying standard fees, if you meet certain income criteria. This is especially important in time-sensitive cases like eviction.

Who Can Apply for a Court Fee Waiver?

• Renters with low income or who are unable to afford court fees
• Anyone involved in a housing dispute, including eviction cases
• Applicants who provide documentation about their finances

Which Court Handles Rental Housing Cases in Alabama?

Most landlord-tenant cases in Alabama are filed in the District Courts of Alabama (Small Claims or Civil Division), depending on the case type and amount in dispute.

These courts use Alabama’s landlord-tenant laws, specifically the Alabama Uniform Residential Landlord and Tenant Act^[1].

What Official Form Do You Need?

• Affidavit of Substantial Hardship (C-10): This form is required if you wish to ask the court for a waiver of fees. It collects information about your income, expenses, and dependents.

The official form and instructions are available on the Alabama Judicial System website (download PDF).

How Is the Affidavit of Substantial Hardship (C-10) Used?

• When: File this form at the same time you file your court papers (for example, when responding to an eviction notice) or as soon as you learn you'll need to pay court fees.
• How: Fill out all sections honestly. Submit the form to the Clerk's Office in the court where your case is being handled. You may need supporting documentation (like proof of income or benefits).
• Example: If your landlord files an eviction case and you cannot pay the filing fee to respond, attach this form to your response to ask for the fee to be waived.

What Happens Next?

Once you file the C-10 form, a judge reviews your financial situation. The judge may approve a full or partial waiver, or may schedule a hearing to ask for more information. If approved, you can proceed with your case without paying upfront fees.

Relevant Tenant Legislation

Your rights and responsibilities are governed by the Alabama Uniform Residential Landlord and Tenant Act. This law outlines how evictions, disputes, and notices must be handled in the state.^[1]

FAQ: Court Fee Waivers for Alabama Renters

1. Can I apply for a fee waiver if I’m already in the middle of a court case?
   Yes, you can submit an Affidavit of Substantial Hardship (C-10) at any stage of your housing case. It’s best to file as soon as you realize you cannot pay the required fees.
2. Will applying for a fee waiver delay my case?
   Usually, your case continues as scheduled. However, if the judge needs more information, there might be a brief delay for a hearing on your fee waiver request.
3. What if my fee waiver is denied?
   If your request is denied, the court will explain why. You may appeal or provide additional documentation if your financial situation warrants reconsideration.
4. Do I need a lawyer to apply for a court fee waiver?
   No, you are not required to have a lawyer, but legal aid services can help you fill out the forms and understand your rights.
5. Will a fee waiver cover all court costs?
   Most waivers cover standard court filing fees. Extra costs (like service of process) might not be included.

Key Takeaways for Alabama Renters

• If you cannot afford filing fees for a housing dispute, you can request a waiver using the official court form (C-10).
• File the C-10 form with your court documents and provide honest information about your financial situation.
• District Courts handle most residential landlord-tenant cases in Alabama.

Understanding the process early helps you protect your housing rights without unnecessary delays or expense.

Need Help? Resources for Renters

• Alabama Judicial System — official court info, forms, and court locations
• Alabama State Bar Find a Lawyer — search for legal aid or low-cost representation
• Legal Services Alabama — free legal help for qualifying low-income residents
• HUD Alabama Tenant Rights — U.S. Department of Housing and Urban Development resources
• For more on landlord-tenant disputes, see the Alabama Uniform Residential Landlord and Tenant Act.

---

1. Alabama Uniform Residential Landlord and Tenant Act
2. Affidavit of Substantial Hardship (C-10) — Official court fee waiver form
3. District Courts of Alabama – Court Information

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations