Texas Court Fee Waivers for Renters: Your Guide

If you’re a renter in Texas facing eviction or another dispute in court, it’s normal to feel overwhelmed by stress, paperwork, and especially legal costs. Fortunately, Texas law allows renters with limited financial means to ask the court to waive filing and service fees for housing-related cases. Understanding how to get a court fee waiver can make it possible to defend your rights, regardless of your income.

Who Can Get a Court Fee Waiver in Texas?

The Texas courts offer a fee waiver (sometimes called “affidavit of inability to pay costs”) to people who cannot afford court costs due to low income, government benefit status (like SNAP, TANF, or SSI), or other significant financial hardships. Qualifying for this waiver means you can participate in court actions—like responding to an eviction notice—without paying up front for filing fees, service of process, or other required costs.^[1]

Which Texas Housing Cases Are Eligible?

Most disputes involving your rental housing can qualify, including:

• Eviction (also called "forcible entry and detainer" or "forcible detainer")
• Requests for repairs or habitability complaints
• Security deposit or rent recovery actions
• Retaliation or other landlord-tenant issues

All of these are handled by the Justice of the Peace Courts in Texas, which oversee most residential eviction and housing disputes.

Key Form: Statement of Inability to Afford Payment of Court Costs

To apply for a fee waiver, renters must file the official Statement of Inability to Afford Payment of Court Costs, also known as Texas Supreme Court Form: Statement of Inability to Afford Payment of Court Costs or an Appeal Bond (download the official form here).^[2]

How to Use the Form in Practice

• When: Any time a housing case requires you to pay court filing fees—for example, if your landlord files for eviction and you wish to respond or appeal.
• How: Complete the form fully and honestly, detailing your income, expenses, and government assistance (if applicable). File it alongside your legal documents (answer, countersuit, or appeal) with the court clerk.
• Example: Maria receives an eviction notice. She wants to file a response but cannot afford the $54 court fee. She submits the Statement of Inability to Afford Payment of Court Costs form with her answer to ask for a waiver.

What Happens After You Submit the Fee Waiver Form?

Once you file your Statement of Inability to Afford Payment:

• The court clerk must accept your filing (even if a judge will review it later).
• The judge may approve your fee waiver based only on the form, or may schedule a short hearing to ask questions about your finances.
• If approved, you do not have to pay the required court fees unless your circumstances change.
• If denied, you can often request a review or appeal.

What Texas Law Says About Fee Waivers

Your right to request a fee waiver comes from the Texas Rules of Civil Procedure 145 and is supported by the Texas Property Code Chapter 24 (Evictions).^[3][4]

Step-by-Step: How to Request a Court Fee Waiver in Texas

Applying for a court fee waiver in Texas is straightforward. Here's what to do:

• Obtain the official Statement of Inability to Afford Payment of Court Costs from the Texas Judicial Branch website or your local court clerk.
• Fill in your complete financial information—be honest and thorough.
• Attach any supporting documents (like government benefits cards or recent pay stubs) if you have them, though these are not always required.
• File the completed form together with your response or application in court before your deadline.
• If notified of a hearing, attend and answer any questions about your finances.
• Check the court’s website or clerk for your case status and next steps.

FAQ: Texas Renters and Court Fee Waivers

1. Can I get a court fee waiver if I'm on SNAP, SSI, or public benefits?
   Yes. Receiving government assistance like SNAP, TANF, or SSI automatically qualifies you for a court fee waiver in Texas.
2. Do I need to provide proof of income?
   The form requires details about your income, but supporting documents are recommended, not always mandatory. The court may later request proof if needed.
3. Will the landlord know I requested a fee waiver?
   The landlord may see the fee waiver in court records, but your financial details are typically not part of the public record.
4. Can my fee waiver be denied?
   If you do not qualify under the rules, a judge may deny your fee waiver. You have the right to request a hearing or further review.
5. Is there a cost to file a fee waiver request?
   No, there is never a fee to file the Statement of Inability to Afford Payment of Court Costs.

Conclusion: Key Takeaways

• Texas renters can apply for court fee waivers to access justice, regardless of income.
• Use the official Statement of Inability to Afford Payment form and file it with your housing case documents.
• The Justice of the Peace Courts handle most Texas rental disputes.

Need Help? Resources for Renters

• Find Your Local Justice of the Peace Court
• TexasLawHelp.org: Court Fee Waiver Guidance
• Official Court Forms from the Texas Judicial Branch
• Texas Attorney General – Tenant Rights

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1. Texas Supreme Court Form: Statement of Inability to Afford Payment of Court Costs
2. Texas Rules of Civil Procedure (Rule 145)
3. Texas Rules of Civil Procedure 145
4. Texas Property Code Chapter 24 (Evictions)

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