How to Get a Court Fee Waiver for Oregon Renters

If you're a renter in Oregon facing eviction, challenging a rent increase, or resolving a dispute with your landlord in court, you might have to pay court filing fees. For many renters, these fees can be a real burden. Oregon offers a way for low-income tenants to ask the court to waive (forgive) these fees, making it easier to exercise your legal rights under the Oregon Residential Landlord and Tenant Act.

What Is a Court Fee Waiver?

A court fee waiver lets you ask the court to excuse you from paying some or all required fees for your housing case. This usually applies if paying the fees would make it hard for you to cover basic living expenses—like rent, food, or basic bills. If the court approves your request, you can participate in your case without worrying about the cost.

Who Handles Housing Cases in Oregon?

Housing-related court cases, such as eviction (also called "FED" for "Forcible Entry and Detainer") and other landlord-tenant disputes, are handled by your local Oregon Circuit Court. The court also processes fee waiver requests submitted by renters.

Official Form: Application for Waiver or Deferral of Fees (Non-Criminal Cases)

• Form Name: Application for Waiver or Deferral of Fees (Non-Criminal Cases)
• Form Number: Not numbered (also called "Fee Waiver Application")
• Where to Find: Download the Application for Waiver or Deferral of Fees – Non-Criminal (official Oregon Judicial Branch)

When and How Do Oregon Renters Use This Form?

If you need to start a court case against your landlord (for example, to challenge an eviction notice) or need to respond to one, but the required fees are too much for your budget, this form can be used to request relief. For example, if you've just received a court summons for eviction and can’t afford the filing fee to respond, you can attach this application to your court paperwork. The court reviews your finances and decides whether to waive your fees, defer them until later, or deny the request.

Who Qualifies for a Fee Waiver?

Generally, you may qualify for a waiver if:

• Your income is at or below 125% of the federal poverty guidelines
• You receive certain public benefits (like SNAP, SSI, TANF, or Oregon Health Plan/Medicaid)
• Paying the fee would make it hard to meet basic needs

The court will ask about your income, dependents, expenses, and public benefits you receive. To avoid delays, provide complete and accurate information.

Steps: Applying for a Court Fee Waiver in Oregon

Applying for a fee waiver can help ensure your housing case is heard, even if you cannot pay. Here’s a practical, step-by-step guide:

• Fill out the Application for Waiver or Deferral of Fees (Non-Criminal Cases). You can fill it by hand or electronically.
• Describe your sources of income, number of dependents, and any public benefits you receive.
• Attach the completed form to your court filing—such as an Answer to Eviction Complaint or any housing dispute action.
• Submit your paperwork to the circuit court clerk at the courthouse handling your case.
• Wait for the court’s decision. A judge may require more documents or ask you to appear for a short hearing.
• If approved, court staff will process your papers without collecting the required fee. If denied, you can appeal this decision or seek legal aid for help.

Tips for Oregon Renters

What If My Financial Situation Changes?

If you are granted a deferral (rather than a full waiver), you may have to repay fees later. If your income drops further after filing, alert the court—you might qualify for a full waiver.

Summary: Oregon courts are required by law to make justice accessible. If you are struggling to pay filing fees in any housing-related matter, asking for a fee waiver is your right.

FAQ: Court Fee Waivers for Oregon Renters

1. Can all court fees be waived in Oregon housing cases?
   Most initial filing fees and some related court costs can be waived. However, not all fees (like service fees by private process servers) may be covered. Always check with your local circuit court clerk for clarification.
2. How long does fee waiver approval take?
   It depends on the court’s workload—often within a few days. Emergency cases, such as evictions, may receive faster review. Submit your request as soon as possible to avoid delays.
3. Do I need supporting documents?
   The court may ask for recent pay stubs, benefit letters, or proof of income. It’s helpful to attach these when you apply even if not required, to speed up the process.
4. Can I appeal if I'm denied a fee waiver?
   Yes. Oregon courts allow you to request a review or appeal of a denial. Ask the clerk how to proceed or seek free legal help if possible.
5. Will applying for a waiver impact my case outcome?
   No. Applying only affects your obligation to pay fees, not the eventual outcome or how the judge decides your dispute.

Key Takeaways for Renters

• If you can't afford court fees for your housing case, you have options for relief.
• File the official "Application for Waiver or Deferral of Fees (Non-Criminal Cases)" with your initial paperwork.
• The Oregon Circuit Courts aim to keep access to justice open for all, including renters in need.

Need Help? Resources for Renters

• Oregon Circuit Courts – Find your local courthouse and fee waiver forms
• Oregon Law Help – Legal aid and resources for low-income renters
• Oregon Residential Landlord and Tenant Act – Full text of tenant-landlord laws
• Official Fee Waiver Application Form – Download and print

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1. Oregon Residential Landlord and Tenant Act (ORS Chapter 90)
2. Oregon Judicial Branch: Fee Waiver and Deferral Forms and Information
3. Oregon Circuit Courts: Housing Cases

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