How to Get a Court Fee Waiver in Virginia Housing Disputes

If you’re a renter in Virginia, facing eviction or any rental dispute in court can feel overwhelming—especially if you’re worried about court costs. Fortunately, Virginia offers a way for renters with limited income to apply for a court fee waiver. This means you may be able to participate in legal proceedings without paying the usual filing fees, making it easier to protect your housing rights.

Virginia Housing Courts and Tenant Disputes

Most rental disputes—like eviction (unlawful detainer), repair requests, or security deposit return—are handled in Virginia by the General District Court. Housing court forms and processes are governed by the Virginia Residential Landlord and Tenant Act.¹

What Is a Court Fee Waiver?

A court fee waiver is legal permission to bypass fees, such as the costs of filing a complaint or a motion. If granted by the judge, you can move forward with your case without paying up front. This helps ensure that renters aren’t denied their day in court because of financial hardship.

Who Qualifies for a Fee Waiver in Virginia?

Virginia law allows residents who cannot afford court fees to request a waiver due to low income, public assistance, or other financial limitations. For renters, this is especially relevant if:

• You receive government benefits like SNAP, TANF, or Medicaid
• You have little or no income
• Paying the fees would cause significant financial hardship

Eligibility is evaluated by the judge, who may ask for supporting documents.

Official Form: Petition for Proceeding in Civil Case Without Payment of Fees or Costs

To apply for a fee waiver in your Virginia housing case, use the Petition for Proceeding in Civil Case Without Payment of Fees or Costs (Form DC-427).

• Name: Petition for Proceeding in Civil Case Without Payment of Fees or Costs
• Form Number: DC-427
• When Used: File this form any time you need to start (or respond to) a case in Virginia civil court, such as an eviction or rent dispute, and cannot pay the required filing fees.
• How to Use: Fill out the form honestly, providing details about your income and expenses. Attach supporting proof if available (pay stubs, benefits statements, etc.), and bring or submit it to the court clerk when you file your other case documents. You must sign the petition under oath.

Example: If your landlord files for eviction and you can’t afford the response or appeal fee, submit DC-427 alongside your response to ask the judge to consider your financial situation.

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

Waiver requests are common for renters facing eviction. Here are the general steps:

• Download and complete Form DC-427.
• Gather documents showing your monthly income and expenses (optional, but helpful).
• Visit your local General District Court or e-file if available.
• File the petition together with your court documents (complaint, response, or appeal).
• The judge may schedule a short hearing to review your request or may decide based on your paperwork.
• If granted, you’ll proceed without paying filing fees; if denied, you may appeal or seek legal aid.

The fee waiver process is designed to be accessible for renters—don’t hesitate to ask the court clerk for guidance if needed.

What to Expect After Filing

The court will review your petition and may grant the waiver right away or ask for more information. This decision is generally made quickly to avoid delays in urgent housing cases.

FAQ: Getting a Court Fee Waiver in Virginia Housing Cases

1. Can I get a fee waiver for an eviction appeal?
   If you cannot afford the appeal fee in an eviction case, you may use Form DC-427 to request a waiver for the costs when filing your appeal in General District Court.
2. Do I need a lawyer to request a court fee waiver?
   No lawyer is required to file for a fee waiver, but you may consult legal aid services if you want guidance or support through the process.
3. Will applying for a fee waiver affect my case outcome?
   No; applying for a fee waiver only affects court costs, not the decision about your dispute or eviction.
4. Do I need to reapply if my housing case continues?
   If your financial circumstances change or you proceed to a higher court, you may need to file a new fee waiver petition for those stages.

Key Takeaways for Renters

• Virginia provides a fee waiver process to ensure renters with limited income aren’t blocked from accessing justice in housing court.
• Use Form DC-427 and submit it with supporting documents to your local General District Court.
• If you have questions or face challenges, legal aid and court staff are available to help explain the process.

Need Help? Resources for Renters

• Virginia General District Court Directory – Find your local court for filings or questions
• Virginia Legal Aid – Free legal help for eligible renters on housing issues and court procedures
• Virginia Residential Landlord and Tenant Act – Complete text of the current tenant law
• Petition for Proceeding in Civil Case Without Payment of Fees or Costs (DC-427) – Official court fee waiver form

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1. Virginia Residential Landlord and Tenant Act
2. Virginia Petition for Proceeding in Civil Case Without Payment of Fees (Form DC-427)
3. Virginia General District Court

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