Vermont Landlord Tenant Law - Click here to return to US LandlordThe purpose of this site is to provide landlords and tenants with information about their responsibilities and legal rights. This site is not intended to be a substitute for professional legal advice. Because factual circumstances vary in each case, detailed legal research or opinion may be necessary to resolve any problems.
State of Vermont Eviction Law
4467. TERMINATION OF TENANCY; NOTICE
(a) Termination for nonpayment of rent. The landlord may terminate a tenancy for
nonpayment of rent on or after the first day of the next succeeding rental period. The landlord
shall give notice by certified mail or by having the notice served by any law enforcement officer at
least 14 days prior to the termination date specified in the notice. The rental agreement shall not
terminate if the tenant pays or tenders all arrearages prior to the termination date. A tenant may
not defeat a notice to terminate by payment of arrearages more than three times in twelve months.
Acceptance of partial payment of rent shall not constitute a waiver of the landlord's remedies for
nonpayment of rent.
(b) Termination for breach of rental agreement. The landlord may terminate a tenancy for
failure of the tenant to comply with a material term of the rental agreement or with obligations
imposed under this chapter, by actual notice given to the tenant at least 30 days prior to the
termination date specified in the notice.
(c) Termination for no cause. In the absence of a written rental agreement, the landlord
may terminate a tenancy for no cause
(1) if rent is payable on a monthly basis, by actual written notice given to the
tenant at least 60 days prior to the termination date specified in the notice;
(2) if rent is payable on a weekly basis, by actual written notice given to the tenant
at least 21 days prior to the termination date specified in the notice.
(d) Termination of rental agreement when property is sold. In the absence of a written
rental agreement a landlord who has contracted to sell the building may terminate a tenancy by
actual notice given to the tenant at least 30 days prior to the termination date specified in the
(e) Termination by landlord under terms of written rental agreement. If the landlord
terminates a tenancy in accordance with the terms of a written rental agreement, the notice to
terminate shall be at least 30 days, if rent is payable on a monthly basis or at least seven days, if
rent is payable on a weekly basis; however, a notice to terminate for nonpayment of rent shall be
as provided in subsection (a) of this section.
(f) In all cases the termination date shall be specifically stated in the notice.
(g) If the building is being converted to condominiums, notice shall be given in accordance
with subchapter 2 of chapter 15 of Title 27.
4468. TERMINATION OF TENANCY; ACTION FOR POSSESSION
If the tenant remains in possession after termination of the rental agreement, without the express
consent of the landlord, the landlord may bring an action for possession, damages and costs under
subchapter 3 of chapter 169 of Title 12.
Chapter 169. Ejectment
4773. EJECTMENT FOR NONPAYMENT OF RENT; PROOF; PAYMENT
In actions of ejectment for nonpayment of rent, the plaintiff shall not be required to prove a
demand of the rent in arrear or a stipulation for reentry on nonpayment of rent or a reentry on the
premises, but shall recover judgment as if the rent in arrear had been demanded and reentry made.
Before final judgment, if the defendant in such action pays into court the rent in arrear with
interest and the costs of suit, such action shall be discontinued.
4851. ISSUANCE OF PROCESS BY SUPERIOR JUDGE
When the lessee of lands or tenements, either by parole or written lease, or a person holding under
the lease, holds possession of the demised premises without right, after the termination of the
lease by its own limitation or after breach of a stipulation contained in the lease by the lessee or a
person holding under the lessee, the person entitled to the possession of the premises may have
from the presiding judge of the superior court a writ to restore him or her to the possession
4852. MODE OF PROCESS; DECLARATION; TRIAL BY JURY
The process may issue as a summons or writ of attachment, requiring the defendant to appear and
answer to the complaint of the plaintiff which shall state that the defendant is in the possession of
the lands or tenements in question (describing them), which he holds unlawfully and against the
right of the plaintiff. Either party shall have the right to a trial by jury.
4853. SERVICE OF PROCESS
The process shall be served and notice given as in other civil actions.
4853a. PAYMENT OF RENT INTO COURT; EXPEDITED HEARING
(a) In any action against a tenant for possession brought in accordance with chapter 137 of
Title 9 or chapter 153 of Title 10, the landlord may file a motion for an order that the tenant pay
rent into court. The motion may be filed and served with the complaint or at any time after the
complaint has been filed. The motion shall be accompanied by affidavit setting forth particular
facts in support of the motion.
(b) If the complaint and motion are filed at the same time, a hearing on the motion shall be
scheduled to be held 10 days after the date the answer is due. If the motion is filed after the
complaint is filed, a hearing on the motion shall be scheduled to be held 10 days after the date the
memorandum in opposition is due.
(c) Any memorandum in opposition filed by the defendant pursuant to Rule 78(b) of the
Vermont Rules of Civil Procedure shall be accompanied by affidavit setting forth particular facts
in support of the memorandum.
(d) If the court finds the tenant is obligated to pay rent and has failed to do so, the court
shall order full or partial payment into court of rent as it accrues while the proceeding is pending.
(e) All funds paid into court shall be made payable to the court clerk by money order,
certified check, cash or any other means which guarantees the availability of the funds for
distribution after a hearing on the merits. The funds shall be distributed forthwith in accordance
with the final order from the trial court.
(f) The landlord may at any time by motion apply to the court for disbursement of all or
part of the funds paid into court. The motion for disbursement shall be accompanied by affidavit
setting forth particular facts in its support. If the court finds that the landlord is in actual danger of
loss of the premises or other personal hardship resulting from the loss of rental income it may
award all or any portion of the funds under deposit to the landlord.
(g) The tenant may at any time by motion apply to the court to reduce the amount ordered
to be paid into court under this section. The motion for reduction shall be accompanied by
affidavit setting forth particular facts in its support.
(h) If the tenant fails to pay rent into court in the amount and on the dates ordered by the
court, the landlord shall be entitled to judgment for immediate possession of the premises. The
court shall forthwith issue a writ of possession directing the sheriff of the county in which the
property or a portion thereof is located to serve the writ upon the defendant and, no sooner than
five days after the writ is served, or, in the case of an eviction brought pursuant to chapter 153 of
Title 10, 30 days after the writ is served, to put the plaintiff into possession.
4854. JUDGMENT FOR PLAINTIFF; WRIT OF POSSESSION
If the court finds that the plaintiff is entitled to possession of the premises the plaintiff shall have
judgment for the possession thereof and for rents not exceeding $5,000.00 with costs. A writ of
possession shall issue accordingly; or if the court has entered judgment for the plaintiff on default
or on a motion for summary judgment, the writ of possession shall be issued ten days after the
date judgment is entered, unless the court for good cause orders a stay. The writ shall direct the
sheriff of the county in which the property or a portion thereof is located to serve the writ upon
the defendant and, no sooner than five days after the writ is served, to put the plaintiff into