How to Get a Court Fee Waiver in Illinois Housing Cases

When facing a housing court case in Illinois—such as an eviction or a dispute with your landlord—many renters are worried about how to pay required court costs. Fortunately, if you have a limited income or cannot afford these fees, you may qualify for a fee waiver. This process lets you ask the court to let you file or defend your case without paying certain filing fees. Here, you'll find a clear guide on how to request a fee waiver in Illinois housing matters.

What Is a Court Fee Waiver?

A court fee waiver is official permission from the court to skip filing fees and other costs that may be required to start or defend a case. In Illinois, this can help renters who need to respond to an eviction, sue for repairs, or otherwise defend their housing rights but cannot afford the fees.

Who Handles Illinois Housing Cases?

In Illinois, housing cases like evictions or rent disputes are usually handled by the Illinois Circuit Courts. Tenancy relationships are governed by the Illinois Residential Landlord and Tenant Act and, where it applies, the Chicago Residential Landlord and Tenant Ordinance (RLTO).¹

How Do I Qualify for a Fee Waiver?

You may qualify for a waiver if:

• You receive public benefits like SNAP, SSI, or Medicaid
• Your household income is below a certain amount
• You can show that paying court fees would be a financial hardship

The court will review your application and decide if you qualify based on your circumstances.

Forms You Need to Request a Court Fee Waiver

Application for Waiver of Court Fees (Form: Application for Waiver of Court Fees - 5.2-5.6)

• Name and Number: Application for Waiver of Court Fees (form numbers 5.2-5.6)
• When and How to Use: You use this form when you need to ask the court to let you file court documents, defend a case, or attend hearings without paying the usual fees. For example, if you were served eviction papers but can't afford the cost to file your response, you would submit this form to request relief. Download it and get full instructions directly from the Illinois Courts' approved forms page.
• Official Source: Illinois Courts Approved Forms

Order for Waiver of Court Fees

• This is the form the judge will use to grant or deny your request. You don't fill it out directly, but it's part of the process. The judge will issue this order after reviewing your application.

How to File for a Court Fee Waiver: Step-By-Step

The process to apply for a fee waiver is straightforward but requires careful attention to detail. After you download and fill out the form, you will generally need to file it with the clerk at the courthouse where your housing case is pending.

• Fill out the Application for Waiver of Court Fees completely and truthfully.
• Attach proof of income, public benefits, or any documents that prove you cannot afford to pay.
• File the form with the circuit court clerk in the county where your case is being heard. You may be able to do this electronically: learn about Illinois e-filing options here.
• Wait for the judge to review your application. You might be asked to provide more information or attend a short hearing.
• If your fee waiver is approved, you can continue with your case without paying filing fees.

What Happens After I Apply?

If your request is granted, you won't have to pay most court fees related to your housing case. If it is denied, the court should explain why, and you can ask for a review if your finances change.

Frequently Asked Questions

1. What types of cases qualify for a court fee waiver in Illinois?
   Most civil cases—including evictions, rent disputes, and lawsuits for repairs—allow you to request a fee waiver if you qualify.
2. Will my landlord know I asked for a fee waiver?
   Your landlord can see that an application for a waiver was filed, but your specific financial details may remain private unless discussed in court.
3. Do I need to re-apply for each new court action?
   If you have multiple filings within the same case, ask the clerk if your waiver covers all costs. Separate cases usually require separate applications.
4. Does a fee waiver cover all expenses?
   A waiver typically covers filing and court fees—not outside expenses like copies or mailing. Always check with the clerk for specifics.
5. Where can I get help filling out the form?
   You can contact the courthouse clerk, local legal aid, or visit the official Illinois Legal Aid’s guidance page on fee waivers for help.

Key Takeaways

• Illinois renters who cannot afford court fees can apply for a fee waiver using an official form.
• The process is accessible and does not require a lawyer.
• Start by gathering all proof of income or benefits before filling out your application.

Need Help? Resources for Renters

• Illinois Courts Approved Forms Portal – for all official fee waiver and housing forms
• Illinois Circuit Courts – find your courthouse and get location-specific help
• Illinois Legal Aid Online – step-by-step guides and free support
• Landlord-Tenant Rights – Illinois Attorney General
• Call the Circuit Clerk at your local courthouse for questions about filing forms in person or online

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1. Illinois Residential Landlord and Tenant Act; Chicago RLTO

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