NationalEviction

Outline of the eviction process in Vermont

For landlords and property managers · Updated May 2025

1. Grounds for Eviction

  • Legal reasons required:
    • Non-payment of rent.
    • Lease violation (e.g., unauthorized occupants, property damage).
    • Illegal activity (e.g., drug-related conduct).
    • End of lease term (fixed-term or tenancy-at-will).
    • No-fault eviction (e.g., landlord wants to sell, occupy, or renovate).
  • Law: 9 V.S.A. § 4451–4468 (Residential Rental Agreements Act).

2. Notice to Quit

  • Written notice served:
    • Non-payment: 14-day notice to pay or vacate.
    • Lease violation: 30-day notice to cure (if curable) or vacate.
    • Tenancy-at-will: 60-day notice (21 days if landlord occupies same building).
    • No-fault/end of lease: 60-day (month-to-month) or 90-day (e.g., owner occupancy).
    • Illegal activity or substantial damage: 14-day notice (no cure).
  • Delivery: Hand-delivered, certified mail, or posted with mailed copy.
  • Tenant can cure by paying rent (within 14 days) or fixing violation (within 30 days, if curable).

3. Filing the Eviction Case

  • File Complaint for Ejectment in Superior Court – Civil Division.
  • Documents: Complaint, Notice to Quit, lease, proof of service.
  • Fee: ~$295 (subject to change).
  • Timing: After notice period expires.

4. Serving the Summons and Complaint

  • Sheriff or constable serves papers 14 days before hearing.
  • Includes hearing date and answer deadline (within 21 days).
  • Tenant must file answer to contest eviction.

5. Court Hearing

  • Held 30–60 days after filing.
  • Landlord presents evidence; tenant raises defenses (e.g., improper notice, uninhabitable conditions).
  • Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

  • Writ of Possession if landlord wins.
  • Appeal: 14 days.
  • Writ issued: ~14–21 days post-judgment; sheriff serves 14-day notice to vacate.

7. Physical Eviction

  • Sheriff removes tenant; landlord stores belongings (60 days).
  • Tenant can reclaim property by paying storage costs.
  • Law: 9 V.S.A. § 4462.

8. Tenant Protections

  • Rights:
    • Cure violations, habitability defenses, anti-retaliation protections.
  • Resources:
    • Vermont Legal Aid (800-889-2047), vtlegalaid.org, vermonttenants.org.

Notes

  • Disclaimer: General guide; consult a lawyer.
  • Sources: 9 V.S.A. § 4451–4468; vermontjudiciary.org; vtlegalaid.org.

This outline is general information for landlords, not legal advice. Notice periods, fees and procedures change and may vary by county or city. Confirm current rules with a licensed Vermont attorney before acting.