New Hampshire Court Fee Waiver Guide for Renters

If you are a renter in New Hampshire facing eviction, disputes about your security deposit, or other housing court matters, court fees can feel overwhelming. Fortunately, the state offers a fee waiver process so that individuals with low incomes can access justice. This guide walks you through requesting a court fee waiver—sometimes called an “in forma pauperis” application—in New Hampshire housing cases.

Understanding Court Fees in New Hampshire Housing Cases

Court fees are charges for filing documents or starting a legal case in court. In New Hampshire, these fees apply in most landlord-tenant cases, including eviction (known as "landlord and tenant writ") actions. If you cannot afford these fees, you may be eligible to have them reduced or completely waived.

What Is a Fee Waiver?

A court fee waiver—officially called an “Application for Waiver of Filing Fee and Surcharge” in New Hampshire—allows you to ask the court to remove the payment requirement if you show financial hardship. This makes sure that everyone has fair access to the legal system, regardless of income.

Who Can Apply for a Fee Waiver?

You may qualify for a fee waiver if:

• Your income is low enough that paying the fee would create a significant financial hardship.
• You receive public benefits, such as Medicaid, SNAP, or SSI.
• You can show that you cannot afford both your household's basic needs and the court fee.

The court may ask for proof, like pay stubs or benefit letters.

Which Court Handles Housing Cases?

Most landlord-tenant cases in New Hampshire—including evictions and security deposit disputes—are handled by the New Hampshire Circuit Court – District Division.

How to Apply for a Fee Waiver in a Housing Case

To seek a court fee waiver, you’ll need to complete and file official state forms with the appropriate court. Here are the main forms used:

Key Forms for New Hampshire Renters

• Application for Waiver of Filing Fee and Surcharge (NHJB-2101-FP)
  View the official NHJB-2101-FP PDF
  When and how it's used: Fill out this form if you cannot afford the fees for a housing case, such as an eviction response. For example, if you are being evicted and want to file an "Appearance" or answer, but can't pay, submit this form with your legal paperwork.
• Financial Affidavit (NHJB-2091-FP)
  View the NHJB-2091-FP Financial Affidavit
  When and how it's used: This sworn statement lists your income, expenses, and assets. The court uses this to decide your eligibility for a waiver. Submit it together with your application.

Always check with the District Division of the New Hampshire Circuit Court to confirm you have the correct and up-to-date forms for your local courthouse.

What Happens After You Apply?

After you file your forms, a judge reviews your request and may ask for more details. If approved, you won’t have to pay court costs. If denied, the court will explain the decision and you may need to pay fees or seek help.

Action Steps: Submitting Your Fee Waiver Request

• Contact the clerk’s office at the Circuit Court handling your case to ask about submitting your forms.
• Fill out both the Application for Waiver of Filing Fee and Surcharge and Financial Affidavit completely and honestly.
• Submit your forms along with your main court paperwork (like a response to eviction) in person or by mail, as directed by your local courthouse.
• If your financial situation changes before your case is resolved, tell the court right away.

If you’re unsure about the forms or your eligibility, ask the court clerk for guidance—they cannot give legal advice but can answer questions about paperwork.

New Hampshire Rental Law Reference

For renter protections related to security deposits, eviction, and notice requirements, consult the New Hampshire RSA Chapter 540 – Actions Against Tenants and RSA 540-A – Rental Practices¹.

Frequently Asked Questions About Court Fee Waivers in NH

1. Is a fee waiver guaranteed if I get government benefits?
   Not always, but receiving benefits like SNAP or SSI usually makes you more likely to qualify.
2. What if my fee waiver is denied?
   You may request a review or reapply if your circumstances change. Ask the court clerk about next steps.
3. Can I apply for a fee waiver if I’m responding to an eviction notice?
   Yes. Include your application forms when submitting your response so you can participate in your case even if you can’t pay up front.
4. How long does it take for the court to decide on my fee waiver?
   Usually, a judge reviews your request within a few days, but timing may vary at each court location.
5. Will the waiver cover all my court costs?
   If approved, it typically covers filing fees and surcharges for your specific case. Extra fees for other services (like copies) may still apply.

Key Takeaways for New Hampshire Renters

• The court may waive housing case fees for renters who show financial hardship.
• Use official forms NHJB-2101-FP and NHJB-2091-FP from the New Hampshire Judicial Branch website.
• If in doubt, contact your local Circuit Court clerk for assistance with paperwork.

Need Help? Resources for Renters

• New Hampshire Judicial Branch – Landlord/Tenant Self-Help: Guides and forms for housing cases
• NH Circuit Court – District Division: Find your local courthouse and clerk’s contact info
• New Hampshire Legal Aid: Free information and possible legal assistance for qualifying renters
• District Division Clerk’s Office: Call or visit for help with the fee waiver application process

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1. RSA 540 – Actions Against Tenants; RSA 540-A – Rental Practices

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