How to Get a Court Fee Waiver for North Carolina Renters

When you're facing a legal issue with your landlord—like eviction, security deposit disputes, or unsafe living conditions—costs can add up quickly. In North Carolina, renters who have limited income may be eligible for a "fee waiver" so they can file court papers or defend themselves in housing cases without paying court fees upfront. This guide explains the process, forms, and what you need to know about applying for a court fee waiver in North Carolina.

Understanding Court Fee Waivers in North Carolina

If you cannot afford to pay court fees, North Carolina law allows you to request a waiver. This makes it possible for all renters to access the court system, no matter their financial situation. A fee waiver is also called proceeding "as an indigent person."

When Can Renters Apply for a Fee Waiver?

You can ask for a fee waiver when you:

• Need to file a lawsuit against your landlord (such as for repairs or security deposit)
• Are responding to an eviction (called a "Summary Ejectment" in North Carolina)
• Want to appeal a court decision in a housing case

This process helps ensure all renters have access to the court, even if they cannot pay fees up front.

Which Official Form Do I Need?

Petition to Proceed as an Indigent (AOC-G-106)

• Form Name: Petition to Proceed as an Indigent
• Form Number: AOC-G-106
• Official Source: Download the Petition to Proceed as an Indigent form (AOC-G-106)
• When to Use: File this form if you cannot afford to pay court fees for filing or responding to a lawsuit, including housing cases.

Example: If you have received an eviction notice and want to file an appeal, but cannot afford the court fees, you would fill out and submit the Petition to Proceed as an Indigent with your appeal paperwork.

How to Apply for a Court Fee Waiver: Steps for Renters

• Get the right form: Obtain the Petition to Proceed as an Indigent (AOC-G-106) from the North Carolina Courts website or the clerk’s office at your courthouse.
• Fill out the form carefully: List your income, expenses, and why you cannot pay the fees. Be honest and thorough.
• Attach supporting documents: You may need to attach pay stubs, proof of government assistance (like SNAP, SSI, or Medicaid), or other documentation of your financial situation.
• File the form with the clerk of court: Submit the form at the courthouse where your housing case is being handled. You may do this when you file your case or defense.
• Wait for the judge’s decision: A judge will review your application and decide if you qualify for a waiver. You may be asked for more information or to answer questions.

This process aims to minimize barriers for renters trying to enforce their rights or defend themselves in court.

Who Decides if I Qualify?

The Clerk of Superior Court or a judge will review your petition and supporting documents. If you qualify (typically based on income or receiving public assistance), you will not be charged the standard court fees for your housing case.

Who Handles Housing Cases in North Carolina?

Residential landlord-tenant cases are typically handled by the local District Court, part of the North Carolina Judicial Branch. For appeals or more serious disputes, cases may move to Superior Court.

Relevant Housing Law

Most renter-landlord disputes in North Carolina are governed by the North Carolina General Statutes Chapter 42: Landlord and Tenant¹.

1. What is a court fee waiver in North Carolina housing cases?
   A court fee waiver lets renters with low income ask the court to waive (or not require) payment of standard filing fees in landlord-tenant cases, making access to justice more affordable.
2. Who can apply for a court fee waiver?
   Any renter who cannot afford court costs—usually because of low income or receiving government benefits—can apply using the official form.
3. How do I prove I can't pay the court fees?
   List your income and expenses on the Petition to Proceed as an Indigent and include documents such as pay stubs or proof of benefits.
4. Does getting a fee waiver affect my case?
   No. The fee waiver only covers the cost of court fees; it does not impact the judge's final decision on your housing issue.
5. Where do I turn in my fee waiver form?
   You submit it to the clerk of court at the courthouse handling your landlord-tenant case.

Key Takeaways for Renters

• If you can't afford court fees, North Carolina allows you to apply for a fee waiver so you can participate in housing court.
• Use the Petition to Proceed as an Indigent (AOC-G-106) and turn it in at your courthouse for housing-related cases.
• Providing clear proof of income or benefits increases your chance of approval for the waiver.

Understanding these steps can help you assert your rights without the worry of upfront court costs.

Need Help? Resources for Renters

• North Carolina Judicial Branch: Find court locations, instructions, and forms for housing cases.
• Legal Aid of North Carolina: Free or low-cost assistance for qualifying renters facing eviction or other housing disputes.
• North Carolina General Statutes Chapter 42: Landlord and Tenant: Official housing laws.
• Contact your local courthouse's Clerk of Court for direct help with forms and filing.

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1. North Carolina General Statutes Chapter 42: Landlord and Tenant (official housing legislation)
2. North Carolina AOC-G-106 Petition to Proceed as an Indigent (official form)
3. North Carolina Judicial Branch (official tribunal/courts resource)

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