Delaware Renters: How to Get a Court Fee Waiver in Housing Cases

If you’re a renter in Delaware facing legal action like an eviction or housing dispute, the cost of court fees shouldn’t be a barrier to asserting your rights. Delaware allows renters with low incomes to request a waiver of court fees, so you can proceed with your case even if you can’t afford to pay upfront. This guide explains the process, key forms, and resources to help you navigate housing disputes.

What Is a Court Fee Waiver?

A court fee waiver (also called proceeding in forma pauperis) is an official request to the court, asking to skip payment of filing, service, or other court costs because you can’t afford them. In Delaware, this option is available for renters involved in housing cases, such as responding to an eviction notice or starting a tenant complaint.

Who Can Apply for a Fee Waiver in Delaware?

Delaware state courts—including the Justice of the Peace Court, which handles most landlord-tenant matters—let people apply for a waiver if paying the fee would cause a financial hardship. The court will look at your income, expenses, assets, and dependents.

• Renters facing an eviction (called a Summary Possession action)
• Those filing complaints about unsafe or unhealthy conditions
• Anyone named in a landlord-tenant dispute requiring court action

Approval is not automatic. The court reviews your application and may request supporting documents.

Delaware’s Official Court Fee Waiver Forms

Affidavit in Support of Application to Proceed In Forma Pauperis

• Form Name: Affidavit in Support of Application to Proceed In Forma Pauperis
• When to use: Use this form when you need to file a housing case (like an eviction defense or habitability complaint) but cannot afford the costs.
• Where to get it: Download from the Delaware Courts: Justice of the Peace Court Forms page.
• How it works: Complete the affidavit, provide details about your financial situation, and submit it along with your other court documents. For example, if you are responding to a landlord’s eviction action, attach this form to your answer to request fee relief.

Order on Application to Proceed In Forma Pauperis

• Form Name: Order on Application to Proceed In Forma Pauperis
• When to use: After the court reviews your affidavit, the judge will complete this form indicating approval or denial. You do not need to fill this out, but it’s linked for informational purposes.
• Where to get it: Available from the Delaware Courts: Justice of the Peace Court Forms page.

These forms are used in the Delaware Justice of the Peace Court, which handles most Delaware landlord-tenant cases.

How to Request a Court Fee Waiver in a Delaware Housing Case

Filing for a court fee waiver in housing matters is a structured process. Below are the step-by-step actions renters should follow.

• Obtain the Affidavit in Support of Application to Proceed In Forma Pauperis from the Delaware Courts website.
• Fill out all sections, including your income, expenses, and assets. Be honest and thorough—missing information can cause delays.
• Attach your filled affidavit to your primary court documents—such as your answer to an eviction, complaint form, or any initial filing papers in your case.
• Submit everything in person at the Justice of the Peace Court location handling your housing case, or mail them if allowed.
• Be prepared to show proof of your finances if the court requests it (such as pay stubs or benefits statements).
• Wait for the judge’s order. If approved, you won’t owe the normal court fees to proceed.

What Happens After You Apply?

The court reviews your application. If granted, you can move forward with your rental dispute or defense without paying filing fees—your case is treated just like any other. If your request is denied, you’ll be told why, and may re-apply with more evidence of your financial situation.

Delaware’s tenant-landlord law, Title 25, Chapter 51 of the Delaware Code (Landlord-Tenant Code), contains the core rules for rental cases.¹

Your Rights Matter—Don’t Let Fees Stop You

• If you can’t pay, you have a right to request a waiver.
• Be sure to act quickly, especially if you are facing eviction deadlines.
• Always keep copies of all paperwork.

FAQ: Delaware Court Fee Waivers for Renters

1. Can I get a court fee waiver if I’m unemployed or on public benefits?
   Yes. The Justice of the Peace Court considers income sources like unemployment or public assistance. Attach proof to your affidavit.
2. Will applying for a waiver delay my eviction or complaint case?
   Usually, the process is fast. File the waiver request along with your main paperwork to avoid delays.
3. What if my court fee waiver is denied?
   You can ask the court for an explanation, provide more documents, and reapply. Seek help from a legal aid group if needed.
4. Does a fee waiver cover all court costs?
   Most basic court fees are covered if your waiver is approved. It might not include costs like outside mediation or appeals.
5. Where do I file my court documents for landlord-tenant cases in Delaware?
   At the Justice of the Peace Court in the county where your rental property is located.

Key Takeaways for Delaware Renters

• Delaware renters with limited income can apply for a court fee waiver in housing cases.
• Use the official Affidavit in Support form and file it with your main court paperwork.
• Seeking help from legal aid can boost your chances if you’re unsure how to proceed.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court (landlord-tenant tribunal)
• Legal Services Corporation of Delaware, Inc. (free civil legal help for income-eligible tenants)
• Delaware Landlord-Tenant Code (current legislation)
• Delaware Courts: Help & Support
• Call Delaware’s Legal Helpline: (302) 478-8850

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1. See: Delaware Landlord-Tenant Code (Title 25, Chapter 51)
2. Justice of the Peace Court official forms: JP Court Landlord-Tenant Forms
3. Justice of the Peace Court tribunal: Delaware JP Court
4. Legal Services: Legal Services Corporation of Delaware, Inc.

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