🏛️ Courthouse Information and Locations for Vermont
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
💰 Nonpayment of Rent
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.
📋 Lease Violation
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.
📬 Service of Process
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
14-day notice; 21-day answer period; rent escrow proceedings; mediation; discovery; tenant paying arrears to defeat action; Burlington just cause requirements
⚖️ Appeals & Post-Judgment
Sheriff executes Writ of Possession after 14-day (or 7-day) period. Writ expires after 60 days if not served.
📦 Tenant Property & Abandonment
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
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
No state limit. No mandatory grace period. Rent due per lease. Burlington may have additional restrictions.
🛡️ Tenant Protections
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).
🏙️ Local Overrides & City-Specific Rules
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)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- 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).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Vermont
📊 Data Confidence
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
Underground Landlord
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):
- File Complaint for Ejectment with Vermont Superior Court, Civil Division
- Pay $295 filing fee
- 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.