-
Subchapter 001: GENERAL PROVISIONS
§ 4761. When maintainable; parties
A person having claim to the seisin or possession of lands, tenements, or hereditaments
shall have an action of ejectment, according to the nature of the case, which shall
be brought as well against the landlord, if any, as against the tenant in possession
of the premises, or against a person that is occupying a dwelling unit, for which
subleasing is prohibited pursuant to a written rental agreement, without right or
permission pursuant to 9 V.S.A. § 4456b(a)(2); and, if otherwise brought, on motion, the same shall be abated. Tenants in common
of lands may join in an action concerning their common interest in such lands. (Amended 2015, No. 126 (Adj. Sess.), § 4.)
§ 4762. When judgment shall not prejudice landlord
When the plaintiff neglects to join the landlord, if any, with the tenant in such
action, or by collusion with the tenant recovers judgment against him or her for the
seisin of lands, such landlord shall not be prejudiced thereby, but shall be held
to have the prior possession in a trial thereafter had of his or her right to such
lands against the person so recovering, or a person deriving claim from him or her.
§ 4763. When all tenants are not sued; disclaimer
The writ in the action of ejectment shall not abate because all the tenants are not
sued, but those on whom service is made shall answer for such part of the premises
only as they set forth in their answer, and disclaim as to the remainder. If a defendant
disclaims as to the whole, he or she shall recover his or her costs, unless the plaintiff
proves such defendant in possession of all or part of the premises demanded at the
commencement of the action.
§ 4764. Recovery according to right
On trial in an action of ejectment, the plaintiff shall recover on the merits, according
to his or her right.
§ 4765. Damages; transfer of title pending action
If judgment is rendered for the plaintiff in an action of ejectment, he or she shall
recover his or her damages and the seisin and possession of the premises. If the
title of the plaintiff expires or is conveyed by him or her after the commencement
of such action, the suit shall not thereby fail, but the plaintiff may recover judgment
for his or her damages for the detention of the premises during the continuance of
his or her title, with costs.
§ 4766. Effect of judgment
While remaining in force, the judgment recovered in an action of ejectment shall be
conclusive against the parties thereto, their heirs, and assigns.
§§ 4767-4772. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 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 a writ of possession is executed,
if the defendant pays into court all rent due through the end of the current rental
period, including interest and the costs of suit, the action shall be discontinued.
A defendant may not defeat an ejectment action by payment of all rent in arrears,
interest, and court costs more than one time in 12 months. The 12-month period shall
begin on the day the payment is made. (Amended 2007, No. 176 (Adj. Sess.), § 50.)
-
Subchapter 002: COMPLAINT FOR BETTERMENTS FOLLOWING JUDGMENT IN EJECTMENT SUIT
§ 4811. When and for what maintainable
When the plaintiff commences an action of ejectment, the defendant shall counterclaim
for the value of the improvements made upon the land by him or her or by those under
whom he or she claims, if he or she or his or her predecessors in title purchased
the land recovered in the action, supposing the title to be good in fee at the time
of the purchase, or if he or she or his or her predecessors in title took a lease
of the land supposing that lease to convey the title and interest therein expressed
at the time the lease was accepted. Recovery on the counterclaim shall be contingent
on the plaintiff’s recovery on the claim for ejectment. The increase in the value
of the land in consequence of betterments so made shall be held to be the value of
the betterments. (Amended 1971, No. 185 (Adj. Sess.), § 131, eff. March 29, 1972.)
§ 4812. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 4813. Proceedings in ejectment stayed; lands charged
Final judgment shall not be entered upon the claim for ejectment until entry of final
judgment on the counterclaim. The lands recovered by the plaintiff shall be held to
respond to any judgment on the counterclaim for the defendant as if those lands had
been attached on mesne process. (Amended 1971, No. 185 (Adj. Sess.), § 132, eff. March 29, 1972.)
§ 4814. Improvements considered
The damages in the action of ejectment arising from mesne profits shall be such only
as are just and equitable, in view of improvements made upon the premises by the defendant
or those under whom he or she claims.
§ 4815. Execution to issue against land only
Execution on a judgment rendered on a counterclaim for betterments shall issue only
against the land recovered in the action of ejectment, and not against the body or
the other lands or the goods and chattels of the plaintiff in that action. (Amended 1971, No. 185 (Adj. Sess.), § 133, eff. March 29, 1972.)
§ 4816. When execution or writ of possession may issue
When the defendant recovers judgment on his or her counterclaim for betterments, execution
shall not issue thereon until four months from its rendition. The writ of possession
in the action of ejectment shall be further stayed for the same time, unless the plaintiff
in the action pays to the defendant therein or to the clerk of the court to the use
of the defendant the full amount of the judgment on the counterclaim for betterments.
In that case, a writ of possession may immediately issue. (Amended 1971, No. 185 (Adj. Sess.), § 134, eff. March 29, 1972.)
§ 4817. When entry was under contract
Sections 4811-4816 of this title relating to betterments shall not extend to a person who has entered on land under
a contract made with the legal owner, unless it appears on trial of the counterclaim
for betterments that the owner has not fulfilled the contract. (Amended 1971, No. 185 (Adj. Sess.), § 135, eff. March 29, 1972.)
§ 4818. Remedy against voucher
Sections 4811-4817 of this title shall not deprive a person of cause of action against his or her voucher, and the
voucher may present evidence, in mitigation of damages, of the recovery of the defendant
for betterments. (Amended 1971, No. 185 (Adj. Sess.), § 136, eff. March 29, 1972.)
§ 4819. Dismissal by plaintiff
Further proceedings shall not be had on the counterclaim for betterments when the
judgment is awarded to the plaintiff on his or her claim of title and he or she, within
30 days of the rendition of judgment, shall lodge with the clerk a warranty deed to
the defendant of the lands so recovered and the plaintiff dismisses the action. (Amended 1971, No. 185 (Adj. Sess.), § 137, eff. March 29, 1972.)
§ 4820. Valuation determined
After such deed is so lodged, the court shall appoint a committee of three disinterested
persons from the vicinity in which the land lies, who, on oath, shall ascertain what
would then have been the value of such land if betterments had not been made thereon,
and make and return a report thereof in writing to the clerk of the court within 30
days from the date of the determination of the matter.
§ 4821. Value paid; no further proceedings
Further proceedings shall not be had on the judgment rendered in the action of ejectment,
when the defendant pays to the plaintiff or to the clerk of the court for the use
of the plaintiff or his or her legal representatives, the sum reported by the committee,
with the costs of suit and after-proceedings, and the interest thereon, within four
years from filing the deed as aforesaid, in four equal and annual payments of which
the first shall be within one year from the time of filing the deed.
§ 4822. Value not paid; writ to issue
When the defendant does not pay an installment of the sum so reported, with costs
and interest from the date of the deed, such deed shall be returned to the plaintiff,
and the writ of possession and execution for the costs shall issue accordingly.
§ 4823. Rights of a representative
When either party dies pending the proceedings as to betterments, his or her executor
or administrator may do, as to such proceedings for betterments, whatever the deceased
party could have done had he or she been living. A conveyance by an executor or administrator,
agreeably to this chapter, shall convey the title of the person whom he or she represents,
to the land recovered.
§ 4824. Previous limitations not to apply
The provisions of this chapter relating to betterments shall extend to the cases therein
provided for, as though acts of limitation or sections of such acts had not been passed.
-
Subchapter 003: SUPERIOR COURT EJECTMENT
§ 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 thereof. (Amended 1971, No. 185 (Adj. Sess.), § 138, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 28, eff. April 9, 1974; 1989, No. 221 (Adj. Sess.), § 7, eff. Oct. 1, 1990.)
§ 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 the tenant holds unlawfully and against the right of the plaintiff. A copy of
the rental agreement, if any, and any notice to terminate the defendant’s tenancy
shall be attached to the complaint. Either party shall have the right to a trial by
jury. (Amended 1971, No. 185 (Adj. Sess.), § 139, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 29, eff. April 9, 1974; 1999, No. 115 (Adj. Sess.), § 9.)
§ 4853. Service of process
The process shall be served and notice given as in other civil actions. (Amended 1971, No. 185 (Adj. Sess.), § 140, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 30, eff. April 9, 1974.)
§ 4853a. Payment of rent into court; expedited hearing
[Subsection (a) as amended by 2007, Act No. 125 (Adj. Sess.), § 1.]
(a) In any action against a tenant for possession, 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.
[Subsection (a) as amended by 2007, Act No. 176 (Adj. Sess.), § 51.]
(a) In any action against a tenant for possession brought in accordance with this chapter,
9 V.S.A. chapter 137, 10 V.S.A. chapter 153, or 11 V.S.A. chapter 14, 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) A hearing on the motion shall be held any time after 14 days’ notice to the parties.
If the tenant appears at the hearing and has not been previously defaulted, the court
shall not enter judgment by default unless the tenant fails to file a written answer
within 14 days after the hearing. Any rent escrow order shall remain in effect notwithstanding
the issuance of a default judgment but shall cease upon execution of a writ of possession.
(c) Any memorandum in opposition filed by the defendant pursuant to Rule (7)(b)(6) 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 and rent accrued from the date of filing with the court the
complaint for ejectment or the date the summons and complaint for ejectment were served
on the tenant pursuant to Rule 3 of the Vermont Rules of Civil Procedure, whichever
occurs first.
(e) All funds paid into court shall be made payable to the court clerk by money order,
certified check, cash, or any other means that 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, not earlier than seven days after the writ is served,
or, in the case of an eviction brought pursuant to 10 V.S.A. chapter 153, 30 days after the writ is served, to put the plaintiff into possession. (Added 1985, No. 175 (Adj. Sess.), § 3; amended 1993, No. 141 (Adj. Sess.), § 12, eff. May 6, 1994; 1999, No. 115 (Adj. Sess.), § 3; 2007, No. 125 (Adj. Sess.), § 1; 2007, No. 176 (Adj. Sess.), § 51; 2017, No. 11, § 18; 2021, No. 147 (Adj. Sess.), § 1, eff. May 31, 2022; 2023, No. 46, § 8, eff. June 5, 2023.)
§ 4853b. Unlawful occupant; expedited hearing
(a)(1) In an action for ejectment, the landlord, the landlord’s agent, or the tenant may
file a motion for a judgment that the plaintiff is entitled to immediate possession
of the premises on the grounds that the defendant is a person that is occupying a
dwelling unit without right or permission and the written rental agreement for the
dwelling unit prohibits subleasing pursuant to 9 V.S.A. § 4456b(a)(2).
(2) 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 an affidavit setting forth particular
facts in support of the motion and a copy of the lease agreement.
(b) A hearing on the motion shall be held any time after 10 days’ notice to the parties.
(c) At any time before the hearing, the defendant may oppose the motion pursuant to Rule
(7)(b)(6) of the Vermont Rules of Civil Procedure by filing an affidavit, a signed
written statement, or a memorandum in opposition to the motion. The affidavit, signed
written statement, or memorandum shall set forth particular facts to show that a genuine
dispute of fact exists in relation to the motion.
(d)(1) If the defendant fails to appear for the hearing, or to file an affidavit, signed
written statement, or memorandum in opposition to the plaintiff’s motion, or has failed
to file an answer in the time provided pursuant to Rule 12 of the Vermont Rules of
Civil Procedure, the plaintiff shall be entitled to judgment by default for immediate
possession of the premises.
(2) If the court finds that the defendant is a person that is occupying the dwelling unit
without right or permission and the written rental agreement for the dwelling unit
prohibits subleasing pursuant to 9 V.S.A. § 4456b(a)(2), the court shall grant the plaintiff’s motion and issue judgment in favor of the
plaintiff for immediate possession of the premises.
(e) If the court issues judgment in favor of the plaintiff pursuant to subsection (d)
of this section, the court shall, on the date judgment is entered, 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, not sooner than five
days after the writ is served, to put the plaintiff into possession.
(f) At any time prior to the execution of the writ of possession, the defendant may file
an affidavit, signed written statement, or a motion with the court setting forth facts
demonstrating that the defendant is occupying the premises lawfully. The court shall
treat an affidavit, signed written statement, or a motion filed under this subsection
as a motion pursuant to Rule 59 or 60 of the Vermont Rules of Civil Procedure, as
appropriate. (Added 2015, No. 126 (Adj. Sess.), § 5; amended 2021, No. 147 (Adj. Sess.), § 2, eff. May 31, 2022.)
§ 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 possession and rents due, damages, and costs, and
when a written rental agreement so provides, the court may award reasonable attorney’s
fees. A writ of possession shall issue on the date judgment is entered, unless the
court for good cause orders a stay. The writ shall direct any sheriff to serve the
writ upon the defendant and, not earlier than 14 days after the writ is served, to
put the plaintiff into possession. (Amended 1979, No. 2, § 1, eff. Feb. 14, 1979; 1985, No. 175 (Adj. Sess.), § 2; 1999, No. 115 (Adj. Sess.), § 4; 2007, No. 176 (Adj. Sess.), § 52; 2017, No. 11, § 19; 2025, No. 13, § 1, eff. May 5, 2025.)
§ 4854a. Property of tenant remaining on premises after eviction
(a) A landlord may dispose of any personal property remaining in a dwelling unit or leased
premises without notice or liability to the tenant or owner of the personal property:
(1) 15 days after a writ of possession is served pursuant to this chapter or upon the
landlord being legally restored to possession of the dwelling unit or leased premises
pursuant to this chapter, whichever is later; or
(2) in the case of an eviction brought pursuant to 10 V.S.A. chapter 153, 40 days after a writ of possession issued for failure to pay rent into court pursuant
to subsection 4853a(h) of this title is served or upon the landlord being legally restored to possession of the leased
premises by a writ of possession issued for failure to pay rent into court pursuant
to subsection 4853a(h) of this title, whichever is later.
(b) Notwithstanding subsection (a) of this section, if the court stays the execution of
a writ of possession issued pursuant to this chapter, then a landlord may dispose
of any personal property remaining in a dwelling unit or leased premises without notice
or liability to the tenant or owner of the personal property one day after the landlord
is legally restored to possession of the dwelling unit or leased premises. (Added 2011, No. 137 (Adj. Sess.), § 11, eff. May 14, 2012; amended 2015, No. 9, § 1.)
§ 4855. Close jail execution, when not to issue
When such judgment includes rent for the use of leased premises prior to the giving
of notice to quit, the court shall not certify on an execution issued thereon that
the cause of action arose from the willful and malicious act and neglect of the defendant,
and that the defendant ought to be confined in close jail.
§ 4856. Judgment for defendant; execution
When the plaintiff’s complaint is dismissed or he or she does not prove his or her
right to the possession, the defendant shall have judgment for his or her costs, and
execution therefor. (Amended 1971, No. 185 (Adj. Sess.), § 141, eff. March 29, 1972.)
§§ 4857, 4858. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
§ 4859. Repealed. 1985, No. 175 (Adj. Sess.), § 7.