How to Get a Court Fee Waiver for Renters in North Dakota

If you are a renter in North Dakota facing eviction, rent disputes, or other housing-related issues in court, you may be worried about paying court costs. Fortunately, North Dakota courts offer a process for requesting a waiver of court fees if you cannot afford them. This guide explains how you can apply for a court fee waiver in North Dakota housing cases, using official forms and up-to-date resources so you know what to expect and how to take action.

Understanding Court Fee Waivers in North Dakota Housing Cases

Court fee waivers allow renters who cannot afford to pay court filing fees to still seek justice. In housing cases—such as eviction, rent recovery, or disputes over repairs—these waivers can be essential. If granted, you will not have to pay the usual court fees, making it easier to present your case or respond to your landlord’s claims.

Which Tribunal Hears Housing Disputes?

In North Dakota, housing disputes (including eviction and landlord-tenant cases) are handled by the North Dakota District Courts.^[1]

What Legislation Protects North Dakota Renters?

The main law covering rental rights is North Dakota Century Code Chapter 47-16 - Landlord and Tenant.^[2] This outlines both landlord and tenant responsibilities and your rights if facing eviction or other issues.

What Is a Court Fee Waiver and Who Qualifies?

A court fee waiver, also called "In Forma Pauperis" status, is for individuals who cannot pay filing fees due to low income or financial hardship. Courts review your financial situation and decide if you qualify. Typical factors considered include:

• Your household income and expenses
• Number of household members
• Whether you receive public assistance (like SNAP, Medicaid, or SSI)

Official Court Fee Waiver Forms in North Dakota

To ask the court to waive fees in a housing case, there is a specific form to complete:

• Form Name: Application to Proceed as a Poor Person (Civil)
  When and How to Use: Use this form if you need to participate in a civil (housing, eviction, rent, etc.) court case but cannot afford the filing fees. For example, if you are responding to an eviction action and can't pay the court fees, submit this form with your other court documents.
  Official Application to Proceed as a Poor Person Form ^[3]

How to File the Application

• Fill out the Application to Proceed as a Poor Person, providing full details about your income, expenses, and any support you receive.
• Attach supporting documents, such as pay stubs, benefit award letters, or other proof of your financial situation.
• File the application with the district court where your housing case is being heard. Forms are generally submitted in person or by mail, along with your primary court documents (such as your eviction response).
• The judge will review your application and either approve or deny the fee waiver. You may be asked for additional information.

The process is straightforward, but you must be honest and thorough in your application. If approved, you will not have to pay court filing fees for that case.

What Happens After You Apply?

After submitting the fee waiver application:

• The court reviews your paperwork for completeness and eligibility
• If more evidence is needed, the court may contact you
• If approved, you proceed in court without paying the usual filing fees
• If denied, you can either pay the required fees or try to gather more supporting evidence and resubmit

If you have questions or need help completing forms, local legal aid programs or the clerk at your district court can guide you.

FAQ: Court Fee Waivers for North Dakota Renters

1. Do I need to pay fees to file an eviction response in North Dakota? If you qualify for a fee waiver, you won't need to pay filing fees when responding to an eviction or other housing court cases. Use the Application to Proceed as a Poor Person to request a waiver.
2. How long does it take to get a fee waiver approved? The timeline can vary, but most decisions are made within a few days to a week after submitting your application and supporting documents.
3. What happens if my application is denied? You may either pay the court fees or provide additional proof of financial hardship and reapply. The court or clerk may offer advice on what is needed.
4. Will my landlord know that I requested a fee waiver? Your fee waiver application becomes part of the public court record, so it is possible for involved parties to see it.
5. Where can I get help filling out the North Dakota fee waiver forms? You can contact your local district court clerk or reach out to North Dakota Legal Self-Help Center for free resources and guidance.

Key Takeaways for Renters

• North Dakota renters have the right to request a court fee waiver if they can't afford required filing fees in housing disputes.
• The Application to Proceed as a Poor Person is the official form for this request—complete it fully and submit with supporting documents.
• If your application is denied, you can provide more information and try again, or pay the fees if able.

A waiver can allow you full access to defend yourself or assert your rights in housing court, even if you don't have the money for fees.

Need Help? Resources for Renters

• North Dakota Legal Self Help Center — Free information, forms, and contact assistance for renters navigating court cases.
• Find Your District Court Clerk — Locate contact information for your local district court, where you file forms and get assistance.
• Landlord and Tenant Rights (ND Century Code Chapter 47-16) — Read the law covering rental housing, landlord duties, and renter protections.
• Federal Fee Waiver Forms Reference — For federal matters; most housing cases are state, but helpful for background.
• Contact Legal Services of North Dakota for free or low-cost legal advice.

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1. [1] North Dakota Courts - Official Website
2. [2] ND Century Code Chapter 47-16 - Landlord and Tenant
3. [3] North Dakota Fee Waiver Forms and Instructions

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