Tennessee Renters: How to Request a Housing Court Fee Waiver

If you're a renter in Tennessee facing a legal housing matter—like an eviction or a dispute with your landlord—you may need to appear in court. Sometimes, the cost of court fees can be a barrier. The good news is that Tennessee law offers a way for renters with low income or financial hardship to ask the court to waive these fees, making the legal process more accessible. This guide explains how to apply for a court fee waiver in Tennessee housing cases, what forms to use, and where to find official resources and support.

Understanding Court Fee Waivers in Tennessee Housing Cases

Court fees are standard costs for filing documents or starting a case in court. In housing matters—often handled in General Sessions Court—these fees can add up, but renters in financial need can ask the judge to let them proceed without paying upfront.

Who Handles Housing Cases in Tennessee?

Most eviction and landlord-tenant cases in Tennessee are heard in the Tennessee General Sessions Court. Each county has its own court, and court personnel can answer questions about local filing steps.

Relevant Tennessee Tenant Law

Renters’ rights and housing court processes in Tennessee are governed by the Uniform Residential Landlord and Tenant Act (URLTA) (Tennessee Code Annotated Title 66, Chapter 28). This law outlines your rights if you're facing eviction or other disputes.

Eligibility: Who Can Get a Court Fee Waiver?

Court fee waivers (sometimes called "proceeding as a poor person" or in forma pauperis) are available if you:

• Have a low income or limited resources
• Cannot afford to pay court fees without hardship
• Are involved in a qualifying housing court matter (like eviction or dispute)

The court reviews your application and supporting financial information to decide if you qualify.

How to Apply for a Court Fee Waiver: Step-by-Step

Applying for a fee waiver in Tennessee housing cases involves completing a special court form and submitting it at the same time as you file your court papers (such as a response to eviction or a motion).

Key Official Form: Request to Proceed as an Indigent Person (Form One)

• Form Name: Uniform Civil Affidavit of Indigency (sometimes called Affidavit of Indigency or “Pauper’s Oath”)
• Form Number: No official statewide number, but all Tennessee General Sessions Courts accept a version of this required form.
• Where to find: Download the Uniform Civil Affidavit of Indigency (PDF) from the Tennessee Administrative Office of the Courts.
• When to use: Use this form when you’re starting a housing case or responding to an eviction and cannot afford court costs.

Example: If you’ve received an eviction notice and want to respond in court but can’t afford the filing fee, attach this form and ask the clerk to process your case without upfront payment.

How to Fill Out the Indigency Affidavit

• Answer all questions honestly about your income, expenses, and assets.
• Sign the form—usually in front of a court clerk or notary.
• Submit the form when you file your other court documents.
• The judge will review your affidavit and decide whether to waive the fees. You may need to supply proof of income or benefits.

Possible Outcomes

• Approved: You don’t have to pay court costs to proceed with your housing issue.
• Denied: You’ll need to pay the fees or seek other help. You may appeal, or reapply if your financial situation changes.

This process helps renters access justice even when money is tight.

Frequently Asked Questions: Tennessee Renters & Court Fee Waivers

1. Can I apply for a court fee waiver for eviction cases in any Tennessee county? Yes, every General Sessions Court in Tennessee offers a process for requesting a fee waiver in housing cases, though form versions may vary slightly by county.
2. Will applying for a fee waiver delay my eviction hearing? Usually, no—the application is processed as part of your filing. However, missing required information could cause delays, so complete the affidavit carefully.
3. Do I need a lawyer to request a court fee waiver? No, you can apply on your own. If you need help, legal aid offices or the courthouse clerk may be able to assist.
4. What happens if my fee waiver request is denied? If denied, you must pay the court fees before your case can move forward. Ask the clerk about appeal options or seek legal assistance.
5. Where can I find more help with these forms? Legal aid organizations and the Tennessee Administrative Office of the Courts provide information and guidance (see resources below).

Key Takeaways for Tennessee Renters

• Fee waivers are available for renters who can't afford court costs for housing issues.
• Use the Uniform Civil Affidavit of Indigency, and submit it as early as possible in your court process.
• Support is available through court clerks and legal aid if you need help.

Taking action early can help ensure your housing rights are heard in court—even if you cannot pay the standard fees.

Need Help? Resources for Renters

• Tennessee General Sessions Courts – Find your local court and get contact info.
• Tennessee Access to Justice Commission: Indigent Litigants – Official details on proceeding as "indigent."
• Affidavit of Indigency (official form) – Download and complete for your waiver application.
• Legal Aid Society of Middle Tennessee and the Cumberlands – Free legal help for low-income renters statewide.
• TN Housing Development Agency Rental Help – State programs and resources for renters.

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1. Tennessee Uniform Civil Affidavit of Indigency (Official PDF)
2. Uniform Residential Landlord and Tenant Act (Tennessee Code Annotated Title 66, Chapter 28)
3. Tennessee General Sessions Courts
4. Legal Aid Society of Middle Tennessee and the Cumberlands: Get Legal Help

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