How to Evict a Tenant in Vermont

Evicting a tenant in Vermont is a legal process that must follow strict timelines and court procedures. Landlords can’t simply change the locks, shut off utilities, or remove belongings. Every eviction, whether for unpaid rent or another lease violation, must go through the courts under Vermont’s Residential Rental Agreements Act (9 V.S.A. § 4451–4477).

Because the state prioritizes tenant protections, Vermont’s eviction process can take longer than in many other states. However, when handled correctly, you can regain possession of your property without unnecessary delays or legal issues.

Below, we outline every step you must take to evict a tenant in Vermont lawfully, plus practical alternatives that could save you time and money.

Vermont Eviction Steps

 

These are the steps you’ll take if you need to evict a tenant in Vermont.

1. Serve the Correct Eviction Notice

Vermont requires landlords to give tenants written notice before filing for eviction. The length of the notice depends on the reason for eviction and the type of tenancy.

Here are the most common Vermont eviction notices:

• 14-Day Notice to Pay Rent or Quit – used for unpaid rent. The tenant has 14 days to pay in full or move out.
• 30-Day Notice to Cure or Vacate – used for lease violations that can be corrected, such as having an unauthorized pet or damaging property.
• 14-Day Unconditional Notice to Vacate – used for serious lease violations that cannot be cured, such as illegal activity or repeated offenses.
• 60-Day or 90-Day Notice to Terminate Tenancy – used for ending a month-to-month or at-will tenancy. A 60-day notice applies if the tenant has lived there less than two years, while 90 days applies if it’s been longer.

All notices must be written and delivered personally or sent by certified mail with a return receipt. Always keep a copy for your records.

If the tenant corrects the issue (such as paying overdue rent) within the notice period, the eviction cannot proceed.

2. File a Complaint for Eviction

If the tenant does not comply with the notice, you’ll file a Complaint for Ejectment with the Superior Court, Civil Division in the county where the property is located. This officially starts the legal eviction process.

You’ll need:

• A copy of the lease agreement
• The notice served to the tenant
• Proof of how and when you served the notice
• A filing fee (typically around $295)

After filing, the court will issue a Summons and set a date for the tenant to respond, usually within 21 days.

3. Serve the Tenant with the Summons and Complaint

Once the court issues the Summons, you must ensure the tenant receives both the Summons and Complaint. This is called service of process and it’s required to move forward with the eviction.

In Vermont:

• Service must be completed by a sheriff, deputy, or authorized process server.
• You cannot serve the documents yourself.
• Proof of service must be filed with the court before any hearing.
• If the tenant cannot be located, you may request alternate service, such as posting and mailing, but it must be approved by a judge.

Failure to properly serve the tenant can delay the entire process.

4. Wait for the Tenant’s Response

After being served, the tenant has 21 days to file a written Answer with the court. In their response, they can dispute your claims, raise defenses, or request additional time.

Common defenses tenants use include:

• The notice was defective or improperly served.
• The landlord failed to maintain habitable conditions.
• Rent was withheld legally due to unresolved repairs.
• The eviction was retaliatory (for example, after a complaint to code enforcement).

If the tenant fails to respond within 21 days, you can request a default judgment, which usually grants you possession of the property.

5. Attend the Court Hearing

If the tenant responds, the court will schedule a hearing. You must attend and bring all documentation related to the tenancy and eviction.

Bring:

• The lease agreement
• Copies of all notices served
• Payment records
• Photos or evidence of any damage or violations
• A copy of the complaint and proof of service

During the hearing:

• The judge will review your evidence and the tenant’s defenses.
• Both sides will have a chance to speak.
• The judge may issue a decision the same day or take the case under advisement.

If you win, the court will issue a Judgment for Possession, allowing you to reclaim your property.

6. Obtain a Writ of Possession

Even after winning your case, you cannot remove the tenant yourself. You must request a Writ of Possession from the court. This document authorizes the sheriff to remove the tenant and return possession of the property to you.

Important details:

• The writ cannot be executed until 14 days after judgment, giving the tenant time to appeal or move out voluntarily.
• The sheriff will post the writ at the property and set a date for removal.
• You must be present when the sheriff performs the eviction.
• Change the locks immediately after the sheriff completes the process.

Vermont prohibits self-help evictions, such as shutting off heat or electricity, changing locks, or removing personal belongings. Violating these laws can lead to fines or damages owed to the tenant.

7. Handle Tenant’s Personal Property

If a tenant leaves belongings behind, you are required by 9 V.S.A. § 4462 to store those items safely for at least 15 days after regaining possession.

Follow these steps:

• Store all items in a secure location.
• Send written notice to the tenant’s last known address describing how to retrieve the property.
• You may charge reasonable storage or removal fees.
• If the tenant does not reclaim the property within 15 days, you can dispose of it.

Document everything, including photos and communication, to protect yourself from potential claims.

Alternatives to Eviction in Vermont

Eviction can be time-consuming, costly, and stressful for both parties. Before going to court, explore alternative solutions that could resolve the issue more quickly.

1. Cash for Keys Agreements

Offer your tenant a small payment to leave voluntarily. While it may seem unusual to pay a tenant who owes you money, this option can save you weeks of legal proceedings and court fees. Make sure to put the agreement in writing and specify a clear move-out date.

2. Mediation Services

The Vermont Superior Court and organizations like Vermont Legal Aid provide mediation programs to help landlords and tenants reach agreements before cases go to trial. Mediation can lead to flexible payment plans, move-out dates, or other arrangements that work for both sides.

3. Rent Repayment Plans

If your tenant has fallen behind on rent due to financial hardship, propose a short-term repayment plan. Define specific payment amounts and deadlines in writing, and make sure both parties sign.

4. Non-Renewal of Lease

If your tenant’s lease is nearing expiration, you can simply choose not to renew it. Provide written notice at least 60 or 90 days before the lease ends, depending on the tenant’s length of occupancy.

5. Partial Rent Agreements

Accepting partial rent payments in exchange for an agreed move-out date can be another alternative to court. Just be careful not to waive your right to evict if the tenant fails to follow through.

Vermont Eviction Frequently Asked Questions

If you’re unfamiliar with Vermont’s landlord-tenant laws, these questions can help clarify some of the more complex scenarios you might face.

Can I evict a tenant for not paying rent if they’re waiting on rental assistance?

Usually, no. If a tenant has applied for government or nonprofit rental assistance, courts often delay eviction cases until the application is processed, especially if the tenant can show proof of participation.

What if my tenant claims I didn’t maintain the property?

Under Vermont law, landlords must provide safe and habitable housing. If you fail to make necessary repairs, the tenant may withhold rent or counterclaim during eviction. Always document maintenance and respond promptly to repair requests.

Can I evict a tenant who refuses to leave after the lease expires?

Yes. Serve a 60- or 90-day written notice to vacate, depending on how long the tenant has occupied the property. If they stay past that date, you can file a Complaint for Ejectment.

Do I have to allow the tenant extra time to move out during winter?

No. Vermont law does not prevent winter evictions, but courts may grant additional time if extreme weather makes relocation unsafe or unreasonable.

How long does the entire eviction process take in Vermont?

Most evictions take 6–10 weeks, but the timeline can extend if the tenant contests the case or files an appeal. Delays are also common during winter months or in cases involving mediation.

Can I charge the tenant for court and sheriff’s fees?

Yes, if the court judgment awards those costs to you. Keep receipts for all filing, service, and removal expenses.

Can I evict a tenant for criminal activity?

Yes. Illegal conduct such as drug manufacturing, violent behavior, or serious property damage allows you to issue an immediate 14-Day Unconditional Notice to Vacate without an opportunity to cure.

What if the tenant abandons the property before the eviction is finalized?

If the tenant leaves early, inspect the property and document its condition. You must still follow Vermont’s personal property rules and store any belongings for 15 days before disposal.

Do I need an attorney to evict a tenant?

You can represent yourself in Vermont Superior Court, but many landlords hire an attorney, especially for contested cases or those involving counterclaims for habitability violations.

Can I evict a tenant who brings in unauthorized roommates?

Yes. That’s considered a lease violation. Serve a 30-Day Notice to Cure or Vacate, giving the tenant the chance to remove the unauthorized occupant or move out.

Final Word

Evicting a tenant in Vermont takes time and patience, but following the correct legal process will protect your rights as a landlord. From the initial notice to handling personal property, each step must comply with Vermont’s Residential Rental Agreements Act and Superior Court procedures.

If you’re overwhelmed by the legal process or tired of dealing with uncooperative tenants, selling your Vermont rental property could be the simplest way to move forward financially and regain peace of mind.