Rule 5. Pleading by the Defendant

(a) IN GENERAL. In a landlord and tenant action, it is not necessary for a defendant to

file any answer, plea, affidavit, or other defense in writing except as provided in Rules 6

and 13(d).

(b) COUNTERCLAIMS.

(1) When Permitted. In actions for recovery of possession of property in which the

basis of recovery is nonpayment of rent or in which there is joined a claim for recovery

of rent in arrears, the defendant may assert an equitable defense of recoupment or set-

off or a counterclaim for a money judgment based on the payment of rent or on

expenditures claimed as credits against rent or for equitable relief related to the

premises. No other counterclaims, whether based on personal injury or otherwise, may

be filed. These claims may be filed in other branches of the court.

(2) Procedure for asserting counterclaims and defenses of recoupment and setoff.

(A) In General. A counterclaim or a defense of recoupment or setoff must be in

writing if it is based on the payment of rent, or on expenditures claimed as credits

against rent, during a time period beyond that set forth in the plaintiff’s complaint.

(B) Time for Filing. A defendant may file a written counterclaim at any time at least

14 days before trial if the case is scheduled for trial in the Landlord and Tenant Branch,

unless the deadline is extended by the court for good cause shown. In cases

transferred to the Civil Actions Branch for jury trial, any counterclaim must be included

in the answer required by Rule 6 or in any amended answer filed under Civil Rule 15.

may file a written counterclaim at any time at least

14 days before trial if the case is scheduled for trial in the Landlord and Tenant Branch,

unless the deadline is extended by the court for good cause shown. In cases

transferred to the Civil Actions Branch for jury trial, any counterclaim must be included

in the answer required by Rule 6 or in any amended answer filed under Civil Rule 15.

(c) PLEA OF TITLE.

(1) Filing Requirements. A defendant desiring to make a plea of title must file the plea

in writing, under oath, accompanied by a certification that it is filed in good faith and not

for the purpose of delay. Along with the plea of title, the defendant must file an

application for an undertaking, or for waiver of undertaking, specifying the form and

amount of any undertaking to be approved by the court.

(2) Filing the Undertaking. If the court approves the undertaking, the undertaking must

be paid into the court registry within 7 days. After the funds are deposited in the court

registry, or if the court has waived the undertaking, the clerk must certify the case to the

Civil Actions Branch for an expedited trial. If the defendant fails to timely file the

undertaking, the clerk must strike the plea of title unless the court, for good cause,

extends the time within which the undertaking may be filed.

(d) MOTIONS TO VACATE DEFAULTS AND DEFAULT JUDGMENTS.

Notwithstanding the requirements of Civil Rule 55(c), a defendant need not file an

answer in support of either a praecipe to vacate a default or default judgment by

consent under Rule 14(e) or a contested motion to vacate a default or default judgment.

COMMENT TO 2025 AMENDMENTS

New section (d) has been added to clarify that the good cause requirement of Civil

Rule 55(c) governs motions to vacate a default or default judgment but that an answer

need not be filed in support of such a motion or a praecipe to vacate

o vacate a default or default judgment by

consent under Rule 14(e) or a contested motion to vacate a default or default judgment.

COMMENT TO 2025 AMENDMENTS

New section (d) has been added to clarify that the good cause requirement of Civil

Rule 55(c) governs motions to vacate a default or default judgment but that an answer

need not be filed in support of such a motion or a praecipe to vacate.

Subsection (b)(2)(B) of this rule has been amended to substitute “transferred” for

“certified” to conform with the general restyling of the Superior Court rules.

This rule has been amended consistent with the stylistic changes to the civil rules.

The rule has also been amended to include the procedures for asserting counterclaims

and defenses of recoupment and setoff and for filing an undertaking.