How to Get a Court Fee Waiver in Kansas Housing Cases

Navigating the legal system can be overwhelming, especially when court costs get in the way. For renters in Kansas facing eviction, rent disputes, or maintenance problems, the law provides a way to request relief from court filing fees if you cannot afford them. This guide explains how the Kansas court fee waiver works, who can apply, and where to find help.

Understanding Court Fee Waivers in Kansas

If you need to go to court over a housing issue—such as eviction or repairs—but can't afford to pay the filing fees, you may ask the court to waive these costs. This is known as seeking "in forma pauperis" status, which makes it possible for renters with limited income to have a fair chance in court.

What is a Fee Waiver?

• A court fee waiver lets you file court documents without paying standard filing fees.
• It's most often used in cases where someone is facing eviction or must bring up a dispute but lacks the financial resources.

In Kansas, all renters have access to this process by using the official court form for "Poverty Affidavit."

Who Handles Housing Cases in Kansas?

The Kansas Judicial Branch is responsible for handling residential landlord-tenant cases, including eviction (forcible detainer actions) and disputes about rental agreements. Each county typically has a District Court, which will hear your case.

Applying for a Court Fee Waiver: The Official Form

The main form used is:

• Affidavit In Forma Pauperis (Poverty Affidavit) – Kansas Supreme Court Approved Form
  View Kansas Poverty Affidavit (PDF)
  When to use: You should fill out this form if you need to file (or respond to) a court action and you truly cannot afford court fees.
  Example: If you receive an eviction notice and want to file an Answer in court but can't pay the filing fee, you would submit this affidavit with your Answer. It lets the judge decide if you qualify for a waiver.

How the Process Works for Kansas Renters

Filing for a fee waiver is your right if you have limited income. The judge will look at your financial situation, and you do not have to pay the filing fees unless your waiver is denied. You may be required to submit proof of your income, public assistance, or lack of assets.

Your Rights Under Kansas Law

Housing cases between landlords and tenants are governed by the Kansas Residential Landlord & Tenant Act (K.S.A. Chapter 58, Article 25).¹ It sets the rules for rental agreements, eviction, and maintenance issues. The right to request a fee waiver helps ensure all renters can defend or assert their rights under the law regardless of finances.

Step-by-Step: How to Request a Fee Waiver

• Download the Affidavit In Forma Pauperis from the Kansas Judicial Branch forms page.
• Fill out the form completely, listing all your income, assets, and dependents.
• Attach any supporting documents, such as proof of public benefits or pay stubs.
• Submit the form together with your court filing (such as your Answer or Petition) at the District Court clerk's office.
• The judge will review your request. The court may ask for additional information, or may approve or deny the waiver. If approved, you do not pay any filing fees for that case.

This process can help you access justice without worrying about immediate court expenses. Always use official state court forms and submit them to the correct court.

Frequently Asked Questions

1. Who qualifies for a court fee waiver in Kansas housing cases?
   Anyone with very low income or who is receiving public assistance (such as SNAP or SSI) may qualify, if they cannot pay court fees without financial hardship.
2. Do I need a lawyer to file a fee waiver?
   No, you can apply on your own. Many courts have self-help desks, and organizations like Kansas Legal Services provide free assistance.
3. Will I need to pay these fees later?
   Usually, if your waiver is approved, you will not need to pay the fees for that court case. If denied, you may need to pay or work out a payment plan with the court.
4. What if my application for a waiver is denied?
   The court will give you a reason, and you may be able to provide more information or speak with legal aid for next steps.
5. Which tribunal hears my Kansas rental dispute?
   The District Court in your county will hear residential tenancy cases. Find your local court through the Kansas District Court directory.

Key Takeaways for Kansas Renters

• You can request a court fee waiver if you cannot afford filing costs in housing disputes.
• Use the official Affidavit In Forma Pauperis and submit it with your court papers.
• Kansas District Courts handle tenant and landlord cases—know your local court.

In short, no matter your financial situation, you have the right to be heard in court. Fee waivers help ensure access to justice for all Kansas renters.

Need Help? Resources for Renters

• Kansas Court Forms (Official site)
• Kansas Judicial Branch — information and links to local courts
• Kansas Legal Services — free or low-cost legal help for renters
• Kansas Residential Landlord & Tenant Act (full text)
• Find Your District Court

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1. Kansas Residential Landlord & Tenant Act, K.S.A. Chapter 58, Article 25. Official text at Kansas Revisor of Statutes.
2. Affidavit In Forma Pauperis, official Kansas Supreme Court Form. Find it at the Kansas Judicial Branch Court Forms page.
3. For Kansas District Courts information and contact, visit the Kansas District Court directory.

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