How to Get a Court Fee Waiver in Vermont Housing Cases

Facing a housing dispute in Vermont can be stressful, especially if money is tight. If you need to take your landlord to court or respond to an eviction, court fees can be a real barrier. Fortunately, Vermont’s court system allows renters who can’t afford filing and service fees to request a fee waiver, so these costs don’t keep you from seeking justice.

Understanding Court Fee Waivers for Vermont Renters

A court fee waiver is official permission from the court to file housing-related legal documents without paying the usual fees. This makes it possible for renters with low incomes to access the justice system—even if you’re facing eviction, rent disputes, or issues with living conditions.

Who Handles Housing Cases in Vermont?

In Vermont, most residential tenancy cases—like evictions or rent disputes—are managed by the Vermont Superior Court – Civil Division at the county level. This is the main tribunal for landlord-tenant issues. The rules governing rental housing are set out in the Vermont Residential Rental Agreements Act (9 V.S.A. Chapter 137).

Who Qualifies for a Fee Waiver?

You may qualify for a fee waiver if paying court costs would cause a real financial hardship—usually households with low or no income and limited assets. The court reviews your income, government benefits, expenses, and property owned. If you already receive public aid (like Medicaid, Reach Up, or 3SquaresVT), your chances of approval are higher.

How to Request a Fee Waiver

Vermont has a straightforward process to help renters get a fee waiver. These are the forms you'll need and how to use them:

Key Forms for Vermont Renters Seeking Fee Waivers

• Application to Waive Filing Fees and Service Costs (Form 228)
  When and how to use: Complete and submit this form as soon as you start your case (filing an eviction complaint, responding to a landlord’s lawsuit, or any other housing dispute in court). Provide honest details about income, expenses, and any government benefits received.
  Download the Application to Waive Filing Fees (Form 228)
• Consent to Disclosure of Information (Form 228A, if needed)
  When and how to use: If the court needs more proof of your financial situation, they may ask you to complete this form so they can verify details with government agencies. Only fill out if directed by court staff.
  Download Consent to Disclosure (Form 228A)

Step-by-Step: Filing for a Fee Waiver

Here’s how renters can seek a waiver when involved in a Vermont housing court case:

• Complete Form 228 as fully as possible. Include details about all income sources and expenses.
• Attach supporting documents if available (pay stubs, benefit letters, etc.).
• File the form with your court papers at the civil division clerk’s office in your county.
• If the court needs more information, they may schedule a short hearing or request Form 228A.
• The judge will review and make a decision (you’ll receive a written order).
• If granted, your court costs are waived—you can proceed without payment.

If denied, you have the right to ask the judge to reconsider. This can be done in writing or at a hearing.

Your Rights and the Law

Vermont’s commitment to access to justice is written into state law. The Vermont Residential Rental Agreements Act protects tenant rights and ensures court access regardless of income. The courts follow guidelines in Rule 3.1 of the Vermont Rules of Civil Procedure concerning waiving costs for those unable to pay.

1. Can I apply for a fee waiver even if I’ve been sued for eviction?
   Yes, if you are a renter responding to an eviction or other housing lawsuit, you can apply for a fee waiver at the time you file your court response or answer.
2. Will a fee waiver cover other costs, like appeals or paperwork copies?
   The waiver generally covers court filing and service costs. For other expenses (like appeals or extra copies), a separate request or new form may be needed. Always ask the court clerk if unsure.
3. How long does it take to get a decision?
   Decisions on fee waivers are usually made quickly—often within a few business days—especially in urgent cases like evictions.
4. What happens if my fee waiver is denied?
   You can request a review by the judge. Be ready to provide more financial proof if needed.
5. Is my financial information kept confidential?
   Yes, your private details are protected by the court and only used to decide your fee waiver request.

Key Takeaways for Vermont Renters

• You have a right to ask the court to waive housing lawsuit fees if you cannot afford them.
• Use Vermont’s Form 228 and provide honest details about your finances.
• The Vermont Superior Court handles most housing disputes for renters and landlords.

Applying for a court fee waiver ensures lack of funds doesn’t prevent you from protecting your rights as a renter under Vermont law.

Need Help? Resources for Renters

• Vermont Judiciary Self-Help Center: Eviction & Landlord/Tenant – Practical guides and form resources
• Vermont Legal Aid: Housing Help – Free confidential help for eligible renters
• Find Your County Superior Court
• Vermont Residential Rental Agreements Act (Full Text)

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1. Vermont Judiciary: Form 228 – Application to Waive Filing Fees
2. Vermont Judiciary: Form 228A – Consent to Disclosure of Information
3. Vermont Rules of Civil Procedure, Rule 3.1
4. Vermont Residential Rental Agreements Act (9 V.S.A. Chapter 137)
5. Vermont Superior Court – Civil Division

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