How to Get a Court Fee Waiver for Housing Cases in Massachusetts
If you're a renter in Massachusetts facing an eviction, rent dispute, or maintenance problem, acting through the courts may require paying fees. But if you can't afford these costs, you have options. Massachusetts provides court fee waivers for people with low income or financial hardship. Understanding how to apply can help you protect your housing rights without letting costs stand in the way.
Understanding Fee Waivers in Massachusetts Housing Cases
Massachusetts recognizes that court fees should not be a barrier to justice, especially for renters facing housing issues. The state offers a way for eligible renters to request a waiver, so you do not have to pay court filing fees or certain costs related to your case.
What Is a Court Fee Waiver?
A court fee waiver is official permission from the court to file or respond to court actions without paying standard fees. This can apply to:
- Eviction cases (also called "summary process")
- Requests for emergency repairs
- Disputes over rent or lease terms
- Other housing-related actions
The official tribunal for housing matters in Massachusetts is the Massachusetts Housing Court.
Who Qualifies for a Court Fee Waiver?
You may qualify if:
- Your income is low, or you are receiving certain public benefits (like MassHealth, SSI, SNAP)
- Paying the fee would cause you financial hardship
Required Forms: Affidavit of Indigency
- Form Name: Affidavit of Indigency (Official Form)
- When to Use: Submit when filing your initial paperwork for an eviction or any housing case if you cannot pay the fees.
- Example: For example, if you are a tenant who received an eviction notice and need to file an answer or counterclaim in Housing Court, you can submit this form along with your response—so you don’t have to pay the standard filing fee.
- Where to Find: Download directly from the Massachusetts Trial Court website.
How to Submit the Affidavit of Indigency
Attach the completed form when you submit your initial paperwork to the Housing Court. You may be asked to provide documentation of your income or benefits, such as pay stubs or benefit letters.
- You can file in person, by mail, or sometimes electronically depending on your Housing Court location.
If approved, the court will waive the fees for the covered case. If denied, you can ask for a review by a judge.
What Happens After You Apply?
- The court reviews your form and may approve the waiver automatically if you get certain benefits.
- If further proof is needed, you may be asked for documents or to speak with a judge.
- You will receive a decision in writing—typically the same day or soon after.
Key takeaway: The Affidavit of Indigency is the main tool renters use to ask for court fee waivers in Massachusetts housing cases.
Your Rights as a Renter in Massachusetts
Massachusetts tenant rights are protected under the Massachusetts General Laws, Chapter 186 (Landlord and Tenant).1 You have the right to appear in court, respond to eviction actions, and participate in housing proceedings—regardless of your ability to pay the initial fees.
Frequently Asked Questions
- Do I have to pay court fees to defend myself against eviction? — No, you can request a waiver by filing an Affidavit of Indigency if you can't afford fees.
- Can my landlord object if I ask for a court fee waiver? — Generally, the fee waiver decision is made by the court, not your landlord.
- What documents do I need for the fee waiver form? — Include income information, benefit statements, or pay stubs to support your request.
- Will a fee waiver affect my case outcome? — No; fee waivers only cover costs and have no effect on your legal arguments or rights.
- Can I reapply if my fee waiver is denied? — Yes, you may ask a judge to review your request if it’s denied initially.
Key Takeaways for Renters
- You can request a court fee waiver in Massachusetts if you can't afford housing court fees.
- The Affidavit of Indigency is the required form—submit it with your initial court paperwork.
- Massachusetts law protects your right to access the courts, no matter your financial situation.
By understanding court fee waivers, you can confidently take action in Housing Court to defend your rights as a renter.
Need Help? Resources for Renters
- Massachusetts Housing Court official website – locations, guidance, and forms
- MassLegalHelp: Housing – plain language legal information for Massachusetts tenants
- Fee waiver instructions on Mass.gov
- Committee for Public Counsel Services – free legal aid options for low-income Massachusetts residents
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