How to Get a Court Fee Waiver for Hawaii Renters

If you’re a renter in Hawaii facing a legal issue—such as an eviction or dispute with your landlord—you may need to go to court. But court filing fees can be a barrier. Thankfully, if you have a low income or can’t afford the costs, you might qualify for a court fee waiver. This article explains how renters in Hawaii can apply for a court fee waiver in housing cases, with clear steps, official forms, and links to trustworthy resources.

Who Handles Housing Disputes in Hawaii?

Housing and rent-related cases in Hawaii are generally heard in the Hawaii District Courts, which handle landlord-tenant matters across the state. This is the official authority for resolving disputes such as eviction, rent payment issues, and repair obligations.

What Is a Court Fee Waiver?

A court fee waiver lets you ask the court to excuse you from paying certain filing fees because you cannot afford them. This can make a major difference for renters who need legal protection but have limited income.

Who Can Apply for a Court Fee Waiver in Hawaii?

If paying the court fees would cause hardship for you or your family, you may be eligible. The court generally considers:

• Your monthly income
• Household size
• Expenses and financial obligations

Fee waivers are most often granted to renters who qualify for public assistance programs or whose income is below certain federal guidelines.

Official Form: Ex Parte Motion for Waiver of Court Fees

The main official form for a court fee waiver in Hawaii is the Ex Parte Motion for Waiver of Court Fees (Form 1DFP-502). Here’s how and when it’s used:

• When to use: File this form any time you need to request the court to waive fees for a housing-related case, such as during an eviction or when filing a complaint about your rental unit.
• How to use: Complete all sections truthfully, describing your income and financial situation. Attach appropriate documentation (e.g., pay stubs, benefit statements) if you can.
• Where to file: Submit it to the clerk at the District Court where your case is being heard. For court locations, see the Hawaii District Courts Directory.

For step-by-step actions, see the guide below.

Step-by-Step: Applying for a Court Fee Waiver

Here’s how Hawaii renters can apply for a court fee waiver in a housing dispute:

• Download the Ex Parte Motion for Waiver of Court Fees (Form 1DFP-502).
• Fill in your personal, financial, and case information on the form.
• Attach supporting documents that show your income or benefits (optional, but helpful).
• Submit the completed form to the clerk at the District Court handling your case.
• The judge will review your request. You may be asked for more information or to appear in court before a decision is made.
• If approved, you are not required to pay court filing fees for your case.

Relevant Tenancy Legislation in Hawaii

All landlord and tenant rights and procedures, including those for eviction and fee waivers, are defined under the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521).^[1] For information about court filing fees and waivers, see the Judiciary's Fee Waiver Information Page.

What Happens After You Apply?

After you submit your fee waiver request, the court reviews your application. The judge will either approve the fee waiver, ask for more details, or, in rare cases, deny the request. If denied, you’ll receive instructions on how to proceed or appeal.

Common Renter Scenarios

• Eviction Notice: You receive a notice to quit or a summons from your landlord. If you can’t afford the court filing fee to defend yourself, file the Ex Parte Motion for Waiver form to ask for relief.
• Repair Disputes: If you need to go to court to ask your landlord to fix dangerous conditions, you may seek a fee waiver to file your case at no cost.
• Security Deposit Claims: When suing for the return of your deposit, you may use the waiver form if court costs are a concern.

In each situation, requesting a waiver ensures your access to legal remedies regardless of your financial position.

FAQs About Hawaii Court Fee Waivers for Renters

1. Can I get a court fee waiver if I’m behind on rent but still working?
   Yes. The court looks at your total income, expenses, and ability to pay. Even if you are employed, if paying the fees would cause hardship, you can apply.
2. How long does it take for the court to review my waiver application?
   Usually, decisions are made promptly—sometimes within a few days—but timing may vary based on the court’s schedule.
3. Will my landlord know I applied for a fee waiver?
   The landlord will see the waiver form if it is part of your case file, but applying for a waiver does not affect your legal rights in the case.
4. Do I need a lawyer to apply for a court fee waiver?
   No. Most renters fill out the form themselves. However, free legal aid is available if you need help.

Key Takeaways for Renters

• Hawaii renters can apply for a court fee waiver if they cannot afford the fees for housing cases.
• Use the official Ex Parte Motion for Waiver of Court Fees (Form 1DFP-502) and file it with your District Court.
• Fee waivers help renters defend their rights and access justice, regardless of income.

Need Help? Resources for Renters

• Hawaii Judiciary – Landlord/Tenant Self-Help: Information on housing court, forms, and procedures
• Legal Aid Society of Hawaii: Free legal help and advice for low-income renters statewide
• District Courts Directory: Find your local court for filing forms or asking questions
• Hawaii Courts – Waiver of Fees: Details and extra guidance on fee waivers

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1. Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)
2. Hawaii Judiciary – Landlord/Tenant Court Information
3. Hawaii State Judiciary – Fee Waiver Process and Forms
4. Ex Parte Motion for Waiver of Court Fees (Form 1DFP-502)

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