How to Get a Court Fee Waiver for Washington Renters
If you’re a renter in Washington state and need to go to court — for example, if you’re facing eviction or filing a complaint — there can be court fees to pay. Washington understands that sometimes, these fees are a real barrier for those with limited income. That’s why the state offers a way for qualifying tenants to ask the court to waive (cancel) the fees. This article explains how the fee waiver process works, what forms you’ll need, and where to find support, using clear, plain language and the latest official information.
What Is a Court Fee Waiver and Who Handles Housing Cases?
A court fee waiver allows you to ask the court not to charge you required filing or service fees — either because you have a low income, receive public benefits, or face financial hardship. This makes access to the legal system fairer for Washington renters.
In Washington, residential landlord-tenant cases (including evictions) are handled by the Washington State Courts, especially the Superior Court for eviction actions. Court fee waivers are available for qualifying renters throughout this system.
Who Is Eligible for a Fee Waiver?
You may qualify for a fee waiver in Washington if one or more of these applies:
- You receive government benefits (like SSI, TANF, food assistance).
- Your financial situation makes it hard to pay court fees.
- Your household income is at or below 125% of the federal poverty level.
If you’re unsure, you can still apply — the judge will review your situation to decide.
Essential Forms for Requesting a Fee Waiver
Washington’s courts use standardized forms for this process. Here are the main forms you’ll need as a renter going to court for a housing issue:
-
Motion and Declaration for Waiver of Civil Fees and Surcharges (Form No. All Courts 01.0100)
When to use: Use this form to explain your financial situation and formally request the fee waiver. For example, if you’re being sued for eviction and can’t afford the filing fee to respond.
Download the Motion and Declaration for Waiver of Civil Fees and Surcharges (All Courts 01.0100) -
Order Waiving Civil Fees and Surcharges (Form No. All Courts 01.0200)
When to use: Give this blank form to the judge with your motion. If approved, the judge signs this order, and your fees are officially waived.
Download the Order Waiving Civil Fees and Surcharges (All Courts 01.0200)
Different counties may have local versions, so check with your local Superior Court or District Court to make sure you have the right paperwork for your specific area.
How to Apply for a Court Fee Waiver in Washington
The process is designed to be renter-friendly — you don’t need a lawyer to apply. Here are the general steps to request a waiver if you’re involved in a housing court case:
- Get the latest fee waiver forms (see above or visit the Washington Courts Fee Waiver Forms page).
- Fill out the forms, listing your income, public benefits, and other requested details. Be honest and thorough.
- Attach copies of proof if possible (like EBT card, SSI award letter, pay stubs, or rent receipts).
- Submit your forms with your other court paperwork (such as your response to an eviction notice or your own claim).
- The judge reviews your motion, may ask follow-up questions, and then decides whether to grant the fee waiver.
- If approved, the signed order exempts you from paying the identified court fees.
Key Laws Protecting Renters in Washington
Washington protects tenant rights under the Residential Landlord-Tenant Act (RCW 59.18). This law covers rules about rent, evictions, repairs, and many other rental issues. Court fee waivers are grounded in Washington law (RCW 4.24.130), which makes sure everyone can participate in court regardless of ability to pay.
What Happens After You File for a Fee Waiver?
If your waiver is granted, you won’t need to pay the particular court fees listed in the court’s order. If denied, the court will usually explain why, and you may still ask for reconsideration if your financial situation changes or if there’s more information to provide.
- How do I know if my fee waiver was approved? You will receive a signed Order Waiving Civil Fees and Surcharges from the judge. This document means you are officially exempt from the court fees listed in your case.
- Can a landlord challenge my fee waiver application? Usually, the court reviews your financial information, and your landlord does not have a say in the approval process unless there is a special circumstance.
- Do I need to submit new forms for each new housing case? Yes, fee waivers are typically granted for each separate case. Always check with the clerk if you need to file again or if a previous waiver still applies.
- Are attorney fees included in court fee waivers? Court fee waivers only cover court costs (like filing or service fees), not attorney’s fees. However, legal aid help for renters may be free — see resources below.
- Can I get help with translation or disability access for my court process? Yes, Washington courts offer language access and accommodations by request.
Contact your local courthouse or see the Washington Courts Interpreter Services page.
Need Help? Resources for Renters
- Washington Courts: Civil Fee Waiver Forms and Instructions
- Washington State Courts Main Website
- WA Law Help: Fee Waiver Guidance and Tips
- Northwest Justice Project: Free Legal Help for Renters
- Washington Residential Landlord-Tenant Act (RCW 59.18)
- Official Washington court forms for civil fee waivers and instructions: Washington Courts Fee Waiver Forms
- Key landlord-tenant law: RCW 59.18 Residential Landlord-Tenant Act
- Fee waiver law: RCW 4.24.130 Waiver of Court Fees
- Information about court procedures and local courts: Washington State Courts
- Free legal information and renter resources: WA Law Help Housing
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