Vermont Eviction Process: Notice, Ejectment, and Writ of Possession

The Vermont eviction process runs from a written termination notice through a court judgment to a sheriff-executed writ of possession, and it takes at least two months in most cases. A landlord who skips a step, gets a notice period wrong, or tries to remove a tenant without a court order can lose the case outright. The rules live in the Residential Rental Agreements Act (9 V.S.A. Chapter 137) and the ejectment statutes at 12 V.S.A. Chapter 169.

Grounds and Notice Periods

Vermont law recognizes a limited set of reasons a landlord can end a tenancy, and each ground triggers its own notice period. The termination notice must be in writing, state the termination date, and identify the specific ground. If the landlord picks the wrong ground or cannot prove it at trial, the case fails.¹

Nonpayment of Rent

At least 14 days’ notice. The notice must state the amount owed and inform the tenant of the right to cure. If the tenant pays all rent due before the termination date, the eviction stops. The cure amount covers rent only; late fees and other charges do not have to be paid to exercise this right.¹

Material Lease Violation

At least 30 days’ notice. The notice needs enough detail for the tenant to understand what breach is alleged.¹

No-Cause Termination

The notice period depends on whether there is a written lease and how long the tenant has lived in the unit. Monthly tenants without a written agreement get 60 days if they have lived in the unit two years or less, and 90 days if longer. Tenants with a written rental agreement get shorter periods: 30 days at two years or less, and 60 days beyond two years. Burlington’s local ordinance requires longer periods than the state minimum, so tenants there should check the city rules before counting days.¹

Sale of the Property

At least 30 days’ notice, and the landlord must prove at trial that a signed sales contract existed when the notice was delivered.¹

The 60-Day Filing Deadline

Once the termination date passes, the landlord has 60 days to file the eviction lawsuit. Miss that window and the notice becomes invalid; the process must restart with a new notice.¹

Filing the Ejectment Action

If the notice period runs out and the tenant is still in the unit, the landlord files an action for ejectment in the Civil Division of the Superior Court in the county where the property sits. The complaint must attach the written rental agreement, if any, and a copy of the termination notice.²

The standard civil filing fee is $295.³ Once the court issues a signed summons, the landlord arranges for a sheriff or constable to personally serve the summons and complaint on the tenant, and pays a separate service fee.²

Rent Escrow While the Case Is Pending

Any time after filing, a landlord can move for an order requiring the tenant to pay rent into a court-held escrow account for the duration of the case. The motion needs a sworn statement, and the court sets a hearing at least 14 days out.⁴

If the judge finds the tenant owes rent, the court orders deposits with the clerk going forward, covering rent from the date the complaint was filed or served (whichever came first). Payment must be by money order, certified check, or cash.⁴

Miss a scheduled escrow payment and the landlord is entitled to immediate judgment for possession. The court issues a writ of possession without holding the full merits hearing. Tenants who dispute the amount owed still need to make the escrow payments while the case proceeds; the fight over what is actually due comes later.⁴

The Merits Hearing

At trial the landlord must prove the ground stated in the termination notice, usually with the lease, payment records, photographs, or witness testimony. The tenant can raise defenses and put on evidence. The judge also reviews whether the landlord followed every procedural step: proper notice content, correct notice period, timely filing, and proper service. A defect in any of these can end the case regardless of the underlying facts.

The full timeline from filing to a final hearing varies by county and commonly runs at least two months, sometimes longer.

Defenses That Can Defeat an Eviction

Cure and Redemption in Nonpayment Cases

Paying all rent due before the termination date stops a nonpayment eviction at the notice stage. Even after judgment, a tenant can still stop the eviction by “redemption”: paying into court all rent due through the end of the current rental period, plus interest and costs of suit, before the writ is executed. If the tenant does this, the entire case is discontinued.⁵

Habitability

If the landlord has failed to keep the property in habitable condition and the problems materially affect health and safety, the tenant, after giving the landlord actual notice and a reasonable chance to fix things, may withhold rent, seek a court order for repairs, recover damages, or terminate the lease. In a nonpayment eviction, a tenant can argue rent was lawfully withheld for habitability violations. The defense does not apply when the tenant or their guests caused the problem.⁶

Retaliatory Eviction

Vermont bars a landlord from evicting a tenant for complaining to a government agency about health or safety violations, for reporting rental-law violations to the landlord, or for joining a tenants’ organization. A tenant who proves retaliation can recover damages and attorney’s fees, and the retaliatory motive is a complete defense.⁷

The law presumes retaliation when a landlord serves a termination notice on any ground other than nonpayment within 90 days after a government agency notified the landlord that the property violated health or safety codes. The landlord can rebut that presumption, but the burden of proving a legitimate reason shifts to them.⁷

Discrimination

The federal Fair Housing Act prohibits evictions motivated by race, color, religion, sex, national origin, familial status, or disability, and its bar on sex discrimination includes sexual harassment by landlords.⁸

Active-Duty Military

The federal Servicemembers Civil Relief Act protects active-duty tenants under a rent cap that adjusts annually. If military duties have materially affected a service member’s ability to pay rent, the court may postpone eviction proceedings, and landlords must verify military status before taking a default judgment.

The Writ of Possession and the 14-Day Window

When the court rules for the landlord, the judgment covers possession plus any rent due, damages, and court costs. If the lease provides for it, the court may add reasonable attorney’s fees. The writ of possession issues the same day the judgment is entered unless the court delays it for good cause.⁹

A sheriff serves the writ, and this is where the critical clock runs. The sheriff cannot physically put the landlord back into possession until at least 14 days after the writ is served on the tenant. Those 14 days are the tenant’s last chance to move out voluntarily or to redeem by paying all rent, interest, and court costs. After the 14 days, if the tenant has not left or redeemed, the sheriff returns to change the locks and hand control of the property to the landlord.⁹

Only the sheriff can carry out the removal. A landlord who changes locks, hauls out belongings, or shuts off utilities without going through this process has committed an illegal self-help eviction and can be sued for it.

Appeals and Bankruptcy

A tenant has 30 days from the judgment date to file a notice of appeal to the Vermont Supreme Court. The appeal itself does not stop the eviction. The tenant must ask the trial court for a stay of the writ, and if that is denied, may ask the Supreme Court directly.

A bankruptcy filing by the tenant triggers the federal automatic stay, which halts most eviction proceedings until the bankruptcy court lifts it. The landlord has to file a motion for relief from the automatic stay, which can take days or weeks. One exception matters: if the landlord already obtained a judgment for possession before the bankruptcy filing, the automatic stay generally does not apply, and the writ can usually be executed without bankruptcy court permission, though the tenant may still invoke certain protections under 11 U.S.C. § 362(l) by certifying the ability to cure and depositing post-filing rent.¹⁰

Belongings Left Behind

When a tenant appears to have abandoned the unit, the landlord must send written notice to the tenant’s last known address stating that the property will be disposed of after 60 days if not claimed. During that period the belongings must be stored in a safe, dry, secured location, though trash can be discarded immediately. The tenant can reclaim items within the 60 days by providing a written description and paying reasonable storage costs. After 60 days, unclaimed property becomes the landlord’s. Different rules apply when the tenant gave actual notice of vacating or left at the end of the lease term, in which case remaining property can be disposed of without further notice.¹¹

1
Vermont General Assembly. Vermont Code 9 VSA 4467 – Termination of Tenancy; Notice
2
Vermont Judiciary. Eviction Process
3
Vermont Judiciary. Fees
4
Vermont General Assembly. Vermont Code 12 VSA 4853a – Payment of Rent Into Court; Expedited Hearing
5
Vermont General Assembly. Vermont Code 12 – Ejectment
6
Vermont General Assembly. Vermont Code 9 VSA 4458 – Habitability; Tenant Remedies
7
Vermont General Assembly. Vermont Code 9 VSA 4465 – Retaliatory Conduct Prohibited
8
Department of Justice. The Fair Housing Act
9
Vermont General Assembly. Vermont Code 12 VSA 4854 – Judgment for Plaintiff; Writ of Possession
10
Office of the Law Revision Counsel. United States Code Title 11 Section 362 – Automatic Stay
11
Vermont General Assembly. Vermont Code 9 VSA 4462 – Abandonment