Eviction Waiver of Court Fees for Tenants in California

 

Tenants who meet certain financial requirements are able to waive court fees and costs. This may not seem fair. Landlords still have to pay, so why should the tenant be able to waive the court fees AND file so many items for the landlord to respond to, thereby creating a lot more work and expense for the landlord? Unfortunately, the law is unfair for landlords and until the law changes, landlords must deal with it.

Even more unfair, is that the court clerk, rather than a judge, has the authority to grant a request to waive court fees. However, the clerk does not have authority to deny the request. If the clerk has the authority to grant a fee waiver, shouldn’t the clerk also have the authority to deny a fee waiver? That would seem to make sense, but that’s not the way it works in court. Furthermore, if the court does NOTHING within 5 days after the tenant files the fee waiver application, the application will be automatically granted by operation of law.

The above just goes to show landlords an additional reason why the laws are biased against them. When the tenant is paying so little or nothing in an eviction case, this explains why they file paperwork with the court that creates much more expense and headache for the landlord, will little to no expense to the tenant.

Need help with an eviction in Los Angeles or San Francisco?  Contact the Law Office of David Piotrowski today.  Start the process of removing your bad tenant.

Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.

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