Utah Court Fee Waivers for Renters: A Guide

If you are a renter in Utah facing court action—whether it's for eviction, a dispute over repairs, or another housing issue—you may be worried about court costs. In many cases, you can ask the court to waive these filing fees if you cannot afford them. This article explains how court fee waivers work in Utah, with a focus on resources, official forms, and helpful steps for renters.

When Can Utah Renters Request a Court Fee Waiver?

Court fees can create a real barrier for renters seeking justice in Utah housing disputes. If you have a low income or are experiencing financial hardship, you can ask the court to waive (not charge you) certain fees for filing housing cases, such as responding to an eviction (called an unlawful detainer) or raising complaints about living conditions.

Which Court Handles Utah Housing Cases?

The Utah State Courts system handles residential tenancy matters, including evictions and tenant/landlord disputes. Most eviction and housing matters are heard in Utah’s District Courts or Justice Courts, depending on your location.

What Law Governs Utah Tenant Rights and Evictions?

The main law covering Utah renter and landlord rights is the Utah Fit Premises Act (Utah Code Title 57, Chapter 22).¹ This outlines your rights and responsibilities regarding habitability, notice, eviction process, and more.

Utah Fee Waiver Forms: What You Need

If you cannot afford court filing fees, you can request a fee waiver using official forms.

• Motion to Waive Fees and Statement Supporting (Form 1078GE)
  Official Utah Courts Fee Waiver Page
  When and how to use it: If you are filing a response to eviction, starting a court case about repairs, or responding to a housing-related lawsuit and cannot afford the required court fees, fill out this form. For example, if you receive an eviction notice and must file a response but cannot pay the filing fee, submit this motion with your paperwork.
• Order on Motion to Waive Fees (Form 1079GE)
  Download the form here
  When and how to use it: After you submit your Motion to Waive Fees, the judge uses this document to approve or deny your request. You do not need to fill this one out, but you can view it on the court's official website.

You usually submit these forms at the same courthouse where your housing case is filed, either electronically or at the clerk’s office.

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

The process is straightforward, but it’s important to provide accurate and complete information about your financial situation.

• Obtain the Motion to Waive Fees form (see above for official link).
• Fill in all required details, including your income, expenses, dependents, and why you cannot afford to pay.
• Gather any supporting documents (like pay stubs or proof of government assistance).
• Submit the form alongside your initial court filing (for example, your answer to an eviction notice), either in person at the clerk’s office or through the Utah electronic filing system (as allowed).
• Wait for the judge to review your motion, which may include asking for more information. You will be notified when a decision is made.

What Happens After You Submit a Fee Waiver?

Once you have submitted your Motion to Waive Fees, the judge will decide whether you meet the financial eligibility criteria. If approved, you will not be required to pay the court fees for your housing case. If denied, the court will inform you, and you may have the option to pay in installments.

Frequently Asked Questions about Fee Waivers in Utah Housing Cases

1. Who is eligible for a court fee waiver in Utah?
   Any renter with low income or significant financial hardship may qualify. The court reviews your financial statement (income, expenses, dependents) before deciding.
2. Do I need a lawyer to request a fee waiver?
   No, you do not need a lawyer. The forms are designed for individuals to fill out on their own, but court self-help resources are available if you have questions.
3. Which fees can be waived in housing cases?
   Court filing fees, fees for serving papers, and sometimes other related costs may be waived if your motion is approved.
4. Will requesting a fee waiver delay my eviction case?
   No, requesting a waiver does not automatically delay proceedings. File it promptly to avoid delays.
5. Can my fee waiver be revoked or reviewed later?
   Yes, if your financial situation changes or if wrong information is provided, the court may review or reverse the waiver.

Key Takeaways for Utah Renters

• If you're struggling to afford court fees in a housing dispute, Utah courts offer a way to request a fee waiver.
• Use the official "Motion to Waive Fees and Statement Supporting" form and submit it with your court documents.
• Accurate and honest information improves your chances of approval—help is available from court self-help resources if you get stuck.

Need Help? Resources for Renters in Utah

• Utah Courts: Fee Waiver Information and Forms
• Utah State Courts Self-Help Center: Landlord-Tenant Disputes – Direct assistance via phone, email, or online chat
• Utah Legal Services – Free or low-cost legal help for renters
• Utah Fit Premises Act (Tenant Rights Law)
• Utah State Courts Home

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1. Utah Fit Premises Act (Utah Code Title 57, Chapter 22)

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