This information is prepared as an informational service only and should not be relied upon as official records of any kind The state law compiled, summarized, and linked to at this site is believed to have been accurate and up-to-date at the time it was created.  However, members are reminded that laws and regulations constantly change and, accordingly, we cannot make any representation, expressed or implied, that the information contained here is the very latest available, that it can be used without independent legal or professional advice, or that it would be interpreted in any particular way by any governmental agency or court.

 4461. SECURITY DEPOSITS
 4467. TERMINATION OF TENANCY; NOTICE
 4468. TERMINATION OF TENANCY; ACTION FOR POSSESSION
 4773. EJECTMENT FOR NONPAYMENT OF RENT; PROOF; PAYMENT
 4851. ISSUANCE OF PROCESS BY SUPERIOR JUDGE
 4852. MODE OF PROCESS; DECLARATION; TRIAL BY JURY
 4853. SERVICE OF PROCESS
 4853a. PAYMENT OF RENT INTO COURT; EXPEDITED HEARING

 4461. SECURITY DEPOSITS

     (a) A security deposit is any advance, deposit or prepaid rent, however named, which is refundable to the tenant at the termination or expiration of the tenancy. The function of a security deposit is to secure the performance of a tenant's obligations to pay rent and to maintain a dwelling unit.
     (b) The landlord may retain all or a portion of the security deposit for:
          (1) nonpayment of rent;
          (2) damage to property of the landlord, unless the damage is the result of normal wear and tear or the result of actions or events beyond the control of the tenant;
          (3) nonpayment of utility or other charges which the tenant was required to pay directly to the landlord or to a utility; and
          (4) expenses required to remove from the rental unit articles abandoned by the tenant.
     (c) A landlord shall return the security deposit to a tenant within 14 days from the date on which the tenant vacated or abandoned the dwelling unit, with a written statement itemizing any deductions. In the case of the seasonal occupancy and rental of a dwelling unit not intended as a primary residence, the security deposit and written statement shall be returned within 60 days.
    (d) The landlord shall comply with this section by hand-delivering or mailing the statement and any payment required to the last known address of the tenant.
     (e) If a landlord fails to return the security deposit with a statement within 14 days, the landlord forfeits the right to withhold any portion of the security deposit. If the failure is wilful, the landlord shall be liable for double the amount wrongfully withheld, plus reasonable attorney's fees and costs.
     (f) Upon termination of the landlord's interest in the dwelling unit, the security deposit shall be transferred to the new landlord. The new landlord shall give the tenant actual notice of the new landlord's name and address with a statement that the security deposit has been transferred to the new landlord.
     (g) A town or municipality may adopt an ordinance governing security deposits on dwellings. The ordinance shall be supplemental to and not inconsistent with the minimum protections of the provisions of this section. The ordinance may not limit how a security deposit is held. The ordinance may authorize the payment of interest on a security deposit. The ordinance may provide that a housing board of review constituted pursuant to section 5005 of Title 24 may hear and decide disputes related to security deposits upon request for a hearing by a landlord or tenant. The board's actions shall be reviewable under section 5006 of Title 24.

 4467. TERMINATION OF TENANCY; NOTICE

(a) Termination for nonpayment of rent. The landlord may terminate a tenancy for nonpayment of rent on or after the first day of the next succeeding rental period. The landlord shall give notice by certified mail or by having the notice served by any law enforcement officer at least 14 days prior to the termination date specified in the notice. The rental agreement shall not terminate if the tenant pays or tenders all arrearages prior to the termination date. A tenant may not defeat a notice to terminate by payment of arrearages more than three times in twelve months. Acceptance of partial payment of rent shall not constitute a waiver of the landlord's remedies for nonpayment of rent.
(b) Termination for breach of rental agreement. The landlord may terminate a tenancy for failure of the tenant to comply with a material term of the rental agreement or with obligations imposed under this chapter, by actual notice given to the tenant at least 30 days prior to the termination date specified in the notice.
(c) Termination for no cause. In the absence of a written rental agreement, the landlord may terminate a tenancy for no cause

(1) if rent is payable on a monthly basis, by actual written notice given to the tenant at least 60 days prior to the termination date specified in the notice;
(2) if rent is payable on a weekly basis, by actual written notice given to the tenant at least 21 days prior to the termination date specified in the notice.

(d) Termination of rental agreement when property is sold. In the absence of a written rental agreement a landlord who has contracted to sell the building may terminate a tenancy by actual notice given to the tenant at least 30 days prior to the termination date specified in the notice.
(e) Termination by landlord under terms of written rental agreement. If the landlord terminates a tenancy in accordance with the terms of a written rental agreement, the notice to terminate shall be at least 30 days, if rent is payable on a monthly basis or at least seven days, if rent is payable on a weekly basis; however, a notice to terminate for nonpayment of rent shall be as provided in subsection (a) of this section.
(f) In all cases the termination date shall be specifically stated in the notice. (g) If the building is being converted to condominiums, notice shall be given in accordance with subchapter 2 of chapter 15 of Title 27.

 4468. TERMINATION OF TENANCY; ACTION FOR POSSESSION

If the tenant remains in possession after termination of the rental agreement, without the express consent of the landlord, the landlord may bring an action for possession, damages and costs under subchapter 3 of chapter 169 of Title 12. Chapter 169. Ejectment

 4773. EJECTMENT FOR NONPAYMENT OF RENT; PROOF; PAYMENT

In actions of ejectment for nonpayment of rent, the plaintiff shall not be required to prove a demand of the rent in arrear or a stipulation for reentry on nonpayment of rent or a reentry on the premises, but shall recover judgment as if the rent in arrear had been demanded and reentry made. Before final judgment, if the defendant in such action pays into court the rent in arrear with interest and the costs of suit, such action shall be discontinued.

 4851. ISSUANCE OF PROCESS BY SUPERIOR JUDGE

When the lessee of lands or tenements, either by parole or written lease, or a person holding under the lease, holds possession of the demised premises without right, after the termination of the lease by its own limitation or after breach of a stipulation contained in the lease by the lessee or a person holding under the lessee, the person entitled to the possession of the premises may have from the presiding judge of the superior court a writ to restore him or her to the possession thereof.

 4852. MODE OF PROCESS; DECLARATION; TRIAL BY JURY

The process may issue as a summons or writ of attachment, requiring the defendant to appear and answer to the complaint of the plaintiff which shall state that the defendant is in the possession of the lands or tenements in question (describing them), which he holds unlawfully and against the right of the plaintiff. Either party shall have the right to a trial by jury.

 4853. SERVICE OF PROCESS

The process shall be served and notice given as in other civil actions.

 4853a. PAYMENT OF RENT INTO COURT; EXPEDITED HEARING

(a) In any action against a tenant for possession brought in accordance with chapter 137 of Title 9 or chapter 153 of Title 10, the landlord may file a motion for an order that the tenant pay rent into court. 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 affidavit setting forth particular facts in support of the motion.
(b) If the complaint and motion are filed at the same time, a hearing on the motion shall be scheduled to be held 10 days after the date the answer is due. If the motion is filed after the complaint is filed, a hearing on the motion shall be scheduled to be held 10 days after the date the memorandum in opposition is due.
(c) Any memorandum in opposition filed by the defendant pursuant to Rule 78(b) of the Vermont Rules of Civil Procedure shall be accompanied by affidavit setting forth particular facts in support of the memorandum.
(d) If the court finds the tenant is obligated to pay rent and has failed to do so, the court shall order full or partial payment into court of rent as it accrues while the proceeding is pending.
(e) All funds paid into court shall be made payable to the court clerk by money order, certified check, cash or any other means which guarantees the availability of the funds for distribution after a hearing on the merits. The funds shall be distributed forthwith in accordance with the final order from the trial court.
(f) The landlord may at any time by motion apply to the court for disbursement of all or part of the funds paid into court. The motion for disbursement shall be accompanied by affidavit setting forth particular facts in its support. If the court finds that the landlord is in actual danger of loss of the premises or other personal hardship resulting from the loss of rental income it may award all or any portion of the funds under deposit to the landlord.
(g) The tenant may at any time by motion apply to the court to reduce the amount ordered to be paid into court under this section. The motion for reduction shall be accompanied by affidavit setting forth particular facts in its support.
(h) If the tenant fails to pay rent into court in the amount and on the dates ordered by the court, the landlord shall be entitled to judgment for immediate possession of the premises. The court shall forthwith 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, no sooner than five days after the writ is served, or, in the case of an eviction brought pursuant to chapter 153 of Title 10, 30 days after the writ is served, to put the plaintiff into possession.

 4854. JUDGMENT FOR PLAINTIFF; WRIT OF POSSESSION

If the court finds that the plaintiff is entitled to possession of the premises the plaintiff shall have judgment for the possession thereof and for rents not exceeding $5,000.00 with costs. A writ of possession shall issue accordingly; or if the court has entered judgment for the plaintiff on default or on a motion for summary judgment, the writ of possession shall be issued ten days after the date judgment is entered, unless the court for good cause orders a stay. The writ shall direct the sheriff of the county in which the property or a portion thereof is located to serve the writ upon the defendant and, no sooner than five days after the writ is served, to put the plaintiff into possession.