How to Get a Court Fee Waiver in Kentucky Housing Cases
Facing a housing dispute in Kentucky often means dealing with court fees, which can be costly for renters already facing financial stress. The state of Kentucky allows renters to request a 'court fee waiver'—officially called proceeding in forma pauperis—so you can access the justice system regardless of your income. Understanding how to apply for a court fee waiver in Kentucky can make a real difference in resolving rent, eviction, or landlord-tenant matters.
Who Can Request a Court Fee Waiver in Kentucky?
If you are a renter with low income and need to file a case—such as appealing an eviction, requesting repairs, or responding to a landlord's court action—you may qualify for a court fee waiver. This applies in all Kentucky civil courts, including housing and eviction cases handled at the Kentucky District Court.
- You are unable to pay court fees without using money needed for basic living (like rent, food, or utilities).
- Your income is below a certain threshold or you receive public assistance (such as SNAP or Medicaid).
The court will look at your personal finances, so be ready to provide truthful information about your income, expenses, and household size.
Which Forms Are Needed? Official Kentucky Court Fee Waiver Forms
Kentucky uses a specific form for court fee waivers, called the 'Motion to Proceed In Forma Pauperis.'
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Form Name: AOC-026, Motion to Proceed In Forma Pauperis
Download Motion to Proceed In Forma Pauperis (AOC-026)
Example: If you receive an eviction notice and want to file a response or appeal but cannot afford the filing fee, you would complete and submit this form along with your other documents to the court clerk.
The form requires details about your income, expenses, members of your household, and any public benefits you receive.
How and When to File the Fee Waiver Form
File the AOC-026 form at the same time you file any other court paperwork for your housing case. You can submit it to the District Court clerk in your county. There is no separate fee required to file this form.
- Attach the filled-out AOC-026 form to your main court document (like a complaint or response).
- The judge will review your information and decide if the fees will be waived.
- You may be asked for additional proof, so include pay stubs or benefit award letters if available.
What Happens After Submitting a Court Fee Waiver?
After you file your fee waiver request:
- The court will review your application, often on the same day or within a few days.
- If approved, you do not have to pay filing or service fees for your case.
- If denied, you may get a chance to provide more information or appeal the decision.
If you aren't sure whether you qualify, it is still worth applying for the fee waiver. The court has a duty to consider your financial situation, and submitting the form never hurts your case.
Key Laws and Where to Learn More
Kentucky rental cases are generally governed by state and sometimes local law. The main law covering most tenant/landlord situations is the Kentucky Uniform Residential Landlord and Tenant Act (KRS Chapter 383).[1] Not all counties follow this law, but it is widely used in urban areas.
The fee waiver process is set by Kentucky Rules of Civil Procedure 5.05 and official court forms.[2]
FAQ: Kentucky Renters & Court Fee Waivers
- Who can apply for a court fee waiver in Kentucky housing cases?
Any renter who cannot afford the court filing fees due to low income or dependency on public assistance may apply. - What proof do I need to submit with my Motion to Proceed In Forma Pauperis?
Ideally, provide income documentation such as pay stubs, SSI/SSDI statements, or benefit award letters. If you do not have documents, provide as much accurate information as possible on the form. - Does applying for a fee waiver delay my eviction or court process?
No. Filing the fee waiver lets you proceed without paying, but does not itself delay or stop the eviction process. - Are court fee waivers available for appeals in housing cases?
Yes. If you are appealing an eviction or landlord-tenant judgment, you can request a fee waiver when you file your appeal paperwork.
Conclusion: What Renters Should Remember
- Kentucky renters facing housing court can request a court fee waiver using the AOC-026 form if they cannot afford court costs.
- Be honest and thorough—attach proof if you have it, and always file the waiver with your court paperwork.
- The District Court will review and decide on your application, so check back promptly if you do not hear an answer.
Need Help? Resources for Renters
- Find Your Kentucky District Court
- Kentucky Court Forms Directory – download all current forms and instructions
- Kentucky Legal Aid – free legal help for renters and information about court fee waivers
- U.S. Department of Housing and Urban Development: Renting in Kentucky
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