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Vermont Eviction Laws: Notice Requirements, Process, and Timelines

Vermont handles evictions through the Superior Court, Civil Division using “Ejectment” proceedings governed by 9 V.S.A. Chapter 137 (Residential Rental Agreements) and 12 V.S.A. Chapter 169 (Ejectment). Vermont is generally tenant-protective with longer notice periods: 14 days for nonpayment, 30 days for lease violations, and 60-90 days for no-cause terminations depending on tenancy length. A unique feature is the rent escrow option that can expedite nonpayment cases. Vermont explicitly allows landlords to accept partial rent during eviction without waiving rights. Total timeline is typically 2-4 months. Below you’ll find everything landlords need to know.

Vermont Eviction Laws

Comprehensive guide to Vermont's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Superior Court - Civil Division - Ejectment Action (9 V.S.A. Ch. 137; 12 V.S.A. Ch. 169).

⚡ Quick Overview

14

Days Notice (Nonpayment)

30 (material lease violation - no cure required); 14 (criminal activity/health-safety threats)

Days Notice (Violation)

60-120

Avg Total Days

$$295

Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 14-Day Notice to Pay Rent or Quit

Notice Period 14 days

Tenant Can Cure? Yes - tenant can pay all rent due through end of rental period within 14 days to stop termination; also can defeat ejectment by paying all rent + interest + costs (once per 12 months)

Days to Hearing 21+ (tenant has 21 days to file answer after service; hearing scheduled after answer) days

Days to Writ 14 days after Writ of Possession served (7 days if missed rent escrow payment) days

Total Estimated Timeline 60-120 days

Total Estimated Cost $400-800+

⚠️ Watch Out

VERY tenant-friendly. 14-day notice for nonpayment (longest initial notice in batch 10). Tenant pays within 14 days = tenancy continues. CRITICAL: Tenant can defeat ejectment at ANY TIME during proceedings by paying all rent in arrears + interest + court costs - BUT only once per 12 months (12 V.S.A. § 4773). Acceptance of partial rent does NOT waive landlord's right to pursue eviction (§ 4467(a)). Landlord must file complaint within 60 days of termination date in notice (§ 4467(k)). Filing fee is HIGH: $295 flat regardless of county. RENT ESCROW: landlord can file motion requiring tenant to pay rent into court during proceedings; if tenant misses escrow payment = immediate judgment for possession + only 7-day writ. Multiple notices on different grounds can be relied upon simultaneously. Burlington: just cause eviction ordinance; security deposit capped at 1 month.

📜 Eviction Laws Main 📊 Compare This State

📋 Lease Violation

Notice Type 30-Day Notice to Quit (material violation) / 14-Day Unconditional Quit (criminal/health-safety)

Notice Period 30 (material lease violation - no cure required); 14 (criminal activity/health-safety threats) days

Tenant Can Cure? No - Vermont does NOT require cure opportunity for lease violations. 30-day notice is to quit, not to cure. 14-day unconditional for criminal/health-safety.

Days to Hearing 21+ (21 days to answer; hearing after) days

Days to Writ 14 days after Writ of Possession (7 days for escrow default) days

Total Estimated Timeline 60-120 days

Total Estimated Cost $400-800+

⚠️ Watch Out

30-day notice for material lease violations - landlord NOT required to give cure opportunity (§ 4467(b)(1)). 14-day unconditional quit for: criminal activity, illegal drugs, violence threatening health/safety (§ 4467(b)(2)). Landlord must file within 60 days of termination date. No-cause termination: 30 days (tenancy ≤2 years), 60 days (>2 years), 7 days (week-to-week). Landlord can accept rent DURING ejectment without waiving rights (§ 4467(j)). Condominium conversion: special notice required (27 V.S.A.). Multiple grounds can be pursued simultaneously.

📜 Eviction Laws Main 📊 Compare This State

📬 Service of Process

Service Methods Sheriff, deputy sheriff, constable, or any adult not party to case; personal delivery or leaving at last usual abode

Proof Required Yes - Return of Service form filed with court

Posting Allowed Yes - leave at last usual place of abode if personal fails; court may authorize alternative service

Service of Process Fee $25-75

📝 Service Notes

Summons must be served properly. Tenant has 21 days from service to file answer. If tenant received rent escrow hearing notice before answer deadline, new deadline = 14 days after rent escrow hearing.

🏛️ Court & Legal Information

Court Superior Court - Civil Division - Ejectment Action (9 V.S.A. Ch. 137; 12 V.S.A. Ch. 169)

Filing Fee (Approx) $$295

Attorney Required No

Attorney Recommended Yes - complex timing and tenant-friendly procedures

Mandatory Mediation Some counties require mediation attendance before trial

Jury Trial Available Yes - either party may request jury trial

Recover Attorney Fees Yes - landlord may recover actual damages + reasonable attorney fees for all evictions

Recover Back Rent (Same Filing) Yes - money claims can be included; trial continues even after possession granted if money claims remain

Recover Costs from Tenant Yes - court costs + attorney fees + damages

Default Judgment Available Yes - if tenant fails to file answer within 21 days

Default Judgment Timeline After 21-day answer period

Statute Citation 9 V.S.A. § 4467(a); 12 V.S.A. § 4773; § 4851

Self-Help Eviction Allowed No - strictly prohibited; punishable damages

Local Overrides Common Burlington has additional protections and just cause requirements

🕐 Common Delays

14-day notice; 21-day answer period; rent escrow proceedings; mediation; discovery; tenant paying arrears to defeat action; Burlington just cause requirements

🔗 Official Court Website 📜 State Statutes

⚖️ Appeals & Post-Judgment

Appeal Window 30 (to Vermont Supreme Court) days

Appeal Stays Eviction Court may stay execution pending appeal; tenant typically must continue paying rent

Tenant Pay and Stay Yes - VERY STRONG: (1) pay within 14-day notice to continue tenancy; (2) pay all rent + interest + costs at ANY time during ejectment to defeat action (once per 12 months) (12 V.S.A. § 4773). Most powerful pay-and-stay right in the country.

Tenant Auto-Continuance Court may continue for discovery or good cause; some counties require mediation

Writ Executed By Sheriff

Writ Execution Timeline Writ of Possession: tenant has 14 days to vacate (7 days if missed rent escrow). Writ valid for 60 days from issuance. Sheriff enforces after deadline.

Writ Execution Fee $50-100

🔒 Lockout Procedure

Sheriff executes Writ of Possession after 14-day (or 7-day) period. Writ expires after 60 days if not served.

📦 Tenant Property & Abandonment

Abandonment Period Not specified; landlord can deduct removal costs from deposit days

📋 Abandonment Rules

After eviction, landlord can deduct cost of removing tenant's belongings from security deposit. No specific statutory storage requirement. Landlord should use reasonable care.

🏦 Security Deposits

Return Deadline 14 days

Maximum Deposit No statutory cap statewide (Burlington: 1 month max; Barre: interest required)

📝 Deposit Details

14-day return with itemized deductions. No statewide cap (but Burlington caps at 1 month). Barre requires interest on deposits. Deductions: unpaid rent, damages beyond normal wear/tear, unpaid utilities, cost to remove left-behind belongings. No separate account requirement statewide. Application fees prohibited statewide (§ 4456a).

💵 Late Fees

Late Fee Cap No statutory cap

📝 Late Fee Rules

No state limit. No mandatory grace period. Rent due per lease. Burlington may have additional restrictions.

🛡️ Tenant Protections

Retaliatory Eviction Protection Yes (§ 4465)

Retaliation Window Presumed retaliatory if within 90 days of protected activity

Rent Control No statewide; some local

📝 Rent Control Details

No statewide rent control. Burlington has just cause eviction ordinance. No state preemption allowing local rent regulations. 30-day notice for rent increase (60 days if tenancy >2 years).

COVID Protections Active No

Fair Housing (State Additions) Sexual orientation; gender identity; age; marital status; receipt of public assistance; place of birth (9 V.S.A. § 4503)

🏙️ Local Overrides & City-Specific Rules

Cities with Overrides Burlington; Montpelier; Barre; Brattleboro

📝 Local Override Details

Burlington: just cause eviction ordinance; 1 month security deposit cap; additional tenant protections. Barre: interest on security deposits. CVOEO provides statewide tenant hotline (802-864-0099). Legal Services Vermont hosts eviction clinics in multiple counties.

Underground Landlord

📝 Vermont Eviction Process (Overview)

1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
3. File an eviction case with the Superior Court - Civil Division - Ejectment Action (9 V.S.A. Ch. 137; 12 V.S.A. Ch. 169). Pay the filing fee (~$$295).
4. Tenant is served with a summons and has the opportunity to respond.
5. Attend the court hearing and present your case.
6. If you prevail, obtain a writ of possession from the court.
7. Law enforcement executes the writ and removes the tenant if necessary.

🏛️ Courthouse Information and Locations for Vermont

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📊 Data Confidence

ℹ️ Notes

ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity | ℹ️ No specific statutory timeline for tenant property abandonment - follow general property law principles

⚠️ Disclaimer: This page provides general information about Vermont eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified Vermont attorney or local legal aid organization.

🐛 See an error on this page? Let us know

Underground Landlord

🔍 Reduce Your Risk Before Signing a Lease: Vermont landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in Vermont — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need Vermont's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.

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Disclaimer: This is general educational information, not legal advice. Consult a qualified Vermont attorney for specific legal guidance.

Governing Law and Court System

Vermont evictions are governed by:

• 9 V.S.A. Chapter 137: Residential Rental Agreements (§§ 4451-4469)
• 12 V.S.A. Chapter 169: Ejectment (court procedures)

Court: Vermont Superior Court, Civil Division.

Filing fee: $295 (all counties).

60-day filing deadline: Landlord must begin ejectment action within 60 days of the termination date in the notice (9 V.S.A. § 4467(k)).

Self-Help Eviction Prohibited

Self-help evictions are strictly illegal in Vermont. Landlords cannot:

• Change locks
• Padlock doors
• Turn off utilities
• Remove tenant’s belongings
• Block tenant access

Only a sheriff can execute eviction after court order. Self-help eviction can result in civil damages (9 V.S.A. § 4464(b)).

Legal Grounds for Eviction

Landlords may evict for (9 V.S.A. § 4467):

• Nonpayment of rent
• Material lease violations
• Criminal activity, illegal drugs, or violence threatening health/safety
• Holdover after lease expiration
• No-cause termination (month-to-month or week-to-week)
• Property being sold to buyer who doesn’t want rentals
• Major renovations/landlord occupancy (permanently removing from rental market)

Notice Requirements by Violation Type

Nonpayment of Rent: 14-Day Notice

• 14 days’ actual notice to pay or quit
• Notice must state exact amount due
• Notice must state termination date
• Tenant can cure by paying all rent due through end of rental period
• Partial rent does NOT waive landlord’s rights to continue eviction

(9 V.S.A. § 4467(a))

Cure limitation: Tenant cannot use pay-to-cure remedy more than once within 12-month period (12 V.S.A. § 4773).

Material Lease Violations: 30-Day Notice

• 30 days’ notice
• Notice must describe the breach
• No cure right required by law

(9 V.S.A. § 4467(b)(1))

Criminal/Drug Activity or Violence: 14-Day Notice (No Cure)

For serious violations threatening health/safety:

• 14-day unconditional notice
• No cure right
• Includes: criminal activity, illegal drug activity, acts of violence

(9 V.S.A. § 4467(b)(2))

No-Cause Termination (Month-to-Month)

Without written lease or after lease expires:

• 60 days’ notice if tenancy 2 years or less
• 90 days’ notice if tenancy more than 2 years
• No reason required

(9 V.S.A. § 4467(c))

Written Rental Agreement: No-Cause Termination

If there is a written lease:

• 30 days’ notice before end of term if tenancy 2 years or less
• 60 days’ notice before end of term if tenancy more than 2 years

(9 V.S.A. § 4467(e))

Week-to-Week Tenancy: 7-21 Days

• 7 days’ notice for no-cause termination (written agreement)
• 21 days’ notice for no-cause (no written agreement)
• Nonpayment still requires 14 days

Burlington Special Rules

Burlington has longer notice requirements for no-cause terminations:

• 90 days’ notice if tenancy under 2 years
• 120 days’ notice if tenancy over 2 years

Serving the Eviction Notice

Notice may be served by:

• Personal delivery (landlord can serve personally)
• If tenant absent: certified or first-class mail to last known address

Presumption: Notice is presumed received 3 days after mailing by certified or first-class mail.

Notice must state the specific termination date in all cases.

Filing the Ejectment Complaint

After notice period expires (within 60 days of termination date):

1. File Complaint for Ejectment with Vermont Superior Court, Civil Division
2. Pay $295 filing fee
3. Attach: copy of lease (if any), copy of termination notice, return receipt (if available)

Multiple grounds: Landlord can rely on multiple grounds for ejectment at any time during eviction process.

Service of Summons and Complaint

Summons must be served by:

• Sheriff, deputy sheriff, or constable
• Any adult not party to the case

Server must complete Return of Service form.

Tenant Response: 21 Days (Generally)

After service:

• Tenant has 21 days to file written Answer
• If rent escrow hearing held first, deadline is 14 days after hearing
• Failure to answer can result in default judgment

Tenant can file counterclaims; landlord must respond within 21 days.

Rent Escrow (Motion for Rent Into Court)

Vermont’s unique expedited process for nonpayment cases:

• Landlord files Motion for Rent Escrow with complaint or anytime after
• Must include affidavit with supporting facts
• Hearing held after 14 days’ notice to parties
• Court can order tenant to pay rent into court registry during case
• If tenant misses escrow payment: landlord entitled to immediate possession
• Writ of Possession issued, tenant has 7 days to vacate (vs. 14 days normally)

(12 V.S.A. § 4853a)

Benefit: Guarantees landlord receives rent held by court if judgment is in landlord’s favor.

Court Hearing

No specific timeline for scheduling hearing after Answer filed—depends on court.

Landlord should bring:

• Lease agreement
• Notice with proof of service
• Rent ledger/payment records
• Photos, communications, evidence of violations
• Witness testimony if applicable

Court may encourage or require mediation before formal ruling.

Judgment

If landlord wins:

• Judgment for possession
• Judgment for rent due, damages, court costs
• Attorney fees if lease provides
• Writ of Possession issued same day (unless court orders stay)

Appeal: Either party can appeal to Vermont Supreme Court within 30 days.

(12 V.S.A. § 4854)

Writ of Possession

After judgment for landlord:

• Writ of Possession issued immediately
• Must be served by sheriff only
• Landlord takes writ to sheriff’s department for execution

Tenant Vacate Period

After writ is served:

• Standard eviction: 14 days to vacate
• Failed rent escrow payment: 7 days to vacate
• Unlawful subletting: 5 days to vacate

(12 V.S.A. § 4854)

Sheriff Enforcement

If tenant doesn’t leave by deadline:

• Sheriff returns to physically remove tenant
• Only sheriff can execute removal
• Landlord cannot perform removal themselves

Abandoned Property

After eviction:

• Landlord must store property for 15 days after writ is served or landlord regains possession (whichever is later)
• After 15 days, may dispose of property without notice or liability
• If writ execution is stayed, property can be disposed of 1 day after landlord regains possession

(12 V.S.A. § 4854a)

Partial Rent During Eviction

Vermont explicitly allows:

• Landlord can accept partial rent during eviction without waiving rights
• Partial payment does NOT constitute waiver or dismissal of eviction
• Applies to both nonpayment and other grounds

(9 V.S.A. § 4467(a), (j))

Tenant Defenses

• Improper notice: Wrong type, insufficient time, improper service
• Payment: Rent was paid
• Habitability: Landlord violated warranty of habitability (9 V.S.A. § 4458)
• Retaliation: Eviction in response to tenant exercising rights (9 V.S.A. § 4465)
• Discrimination
• Consumer fraud violation
• Security deposit violation: Not returned within 14 days (9 V.S.A. § 4461)

Special Situations

Subsidized Housing

• Additional federal/state requirements may apply
• Section 8 and other programs have extra protections

Farm Employee Housing

• Special rules under 9 V.S.A. § 4469
• Contact local Legal Aid for assistance

Condominium Conversion

• Special notice requirements under 27 V.S.A. Chapter 15

Typical Timeline

• Notice period: 14-90 days (depending on reason)
• Filing and service: 1-2 weeks
• Tenant answer period: 21 days
• Hearing: Several weeks to months (varies by court)
• Writ of Possession issued: Same day as judgment
• Vacate period: 7-14 days after writ served
• Total (uncontested): 2-3 months
• Contested: 3-4+ months
• With rent escrow (missed payment): Can be faster

Best Practices for Vermont Landlords

• Use correct notice type and timeline for specific violation
• State exact termination date in notice (required)
• File complaint within 60 days of termination date
• Consider rent escrow motion for nonpayment cases—guarantees rent and can speed up process
• Accepting partial rent is allowed—won’t waive your rights
• Keep proof of all notices and service
• Bring all documentation to court
• Only sheriff can execute writ—never self-help
• Store abandoned property 15 days before disposal
• Check Burlington rules if property is there (longer notice periods)

Quick Reference: Vermont Eviction Rules

• Nonpayment notice: 14 days
• Lease violation notice: 30 days
• Criminal/drug/violence notice: 14 days (no cure)
• No-cause (no lease, ≤2 years): 60 days
• No-cause (no lease, >2 years): 90 days
• Written lease no-cause (≤2 years): 30 days before end
• Written lease no-cause (>2 years): 60 days before end
• Week-to-week (written): 7 days
• Week-to-week (no written): 21 days
• Burlington no-cause: 90-120 days
• Tenant answer period: 21 days (or 14 days after rent escrow hearing)
• Appeal period: 30 days
• Vacate after writ: 14 days (7 days for missed escrow; 5 days for subletting)
• Abandoned property storage: 15 days
• Filing fee: $295
• Filing deadline: 60 days from termination date
• Governing law: 9 V.S.A. Chapter 137; 12 V.S.A. Chapter 169

Bottom line: Vermont is generally tenant-protective with longer notice periods than many states. Nonpayment requires 14-day notice; lease violations require 30 days; no-cause terminations require 60-90 days depending on tenancy length. Burlington has even longer requirements (90-120 days). The rent escrow option can speed up nonpayment cases—if tenant misses a court-ordered payment, vacate period drops to 7 days. Vermont explicitly allows accepting partial rent without waiving eviction rights. Landlord must file within 60 days of the termination date stated in notice. Only sheriff can execute writ—tenant gets 14 days to vacate after service (less for escrow failures or subletting). Store abandoned property 15 days.