The tenant must also file a Certificate of Service (form 600-00264) telling the court how they got a copy of their answer to the landlord.
Counterclaim
A counterclaim is a lawsuit filed by the tenant against the landlord within the original case.
The VTLawHelp website has information about possible counterclaims in an eviction case on their Court Process: Steps in an Eviction Case web page under What Goes in the Tenant’s Answer / The Answer could include counterclaims.
There is a filing fee for a counterclaim. The Application to Waive Filing Fees and Service Costs web page has information about the process to ask to waive the filing fee, and the form to make the request.
The tenant must get a copy of their counterclaim to the landlord. They can do that by email (if the other party agreed to service by email), or mail, or hand delivery. The tenant must also file a Certificate of Service (form 600-00264) telling the court how they did that.
The Vermont Judiciary does not have an eviction counterclaim form. The VTLawHelp website has a counterclaim form.
Responding to a Counterclaim
If the tenant filed a counterclaim, the landlord must file a written response with the court within 21 days and get a copy of their response to the tenant. If the landlord does not file a written response to the counterclaim, the tenant can ask for a default judgment on their counterclaim.
Responding to a Motion for Rent Escrow
If the tenant owes the landlord past-due rent, the landlord can ask the court to order the tenant to make rental payments to the court instead of the landlord. The court will hold the payments until the case is done. 12 V.S.A. § 4853a.
See Motion for Rent Escrow / Responding to a Motion for Rent Escrow earlier on this page for more information.
Eviction trial