§ 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.)