12 V.S.A. § ___ § 4761
When maintainable; parties
Operative Text
A person having claim to the seisin or possession of lands, tenements, or hereditaments shall have an action of ejectment, according to the nature of the case, which shall be brought as well against the landlord, if any, as against the tenant in possession of the premises, or against a person that is occupying a dwelling unit, for which subleasing is prohibited pursuant to a written rental agreement, without right or permission pursuant to 9 V.S.A. § 4456b(a)(2); and, if otherwise brought, on motion, the same shall be abated. Tenants in common of lands may join in an action concerning their common interest in such lands. (Amended 2015, No. 126 (Adj. Sess.), § 4.)
Vermont law under 12 V.S.A. ch. 169 § 4761 establishes who may bring an ejectment action and who must be named as a party. A person claiming a right to possess real property — including land, buildings, or inherited estates — may file an ejectment claim, and that claim must be directed against both the landlord (if one exists) and the tenant currently in possession. The provision also extends ejectment to situations where someone occupies a dwelling unit in violation of a written rental agreement that prohibits subleasing, without the permission described under 9 V.S.A. § 4456b(a)(2). Co-tenants who share ownership of land may bring a joint ejectment action regarding their shared interest.
Plain English — not legal advice.
Under 12 V.S.A. ch. 169 § 4761, landlords should be aware that they are proper — and required — parties in an ejectment action brought against a tenant in possession of their property. Operators who include sublease-prohibition clauses in written rental agreements gain a recognized legal basis to pursue ejectment against unauthorized occupants under this provision. Compliant landlords typically maintain clear written rental agreements that specify sublease restrictions, which helps establish the factual record needed if an ejectment action becomes necessary.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 12 V.S.A. ch. 169 § 4761, tenants in possession have a recognized role as a named party in any ejectment proceeding, meaning they have the opportunity to respond and raise defenses in court. If a tenant believes an ejectment action has been improperly brought — for example, without naming the required parties — the statute provides that such an action may be subject to abatement upon motion. Tenants facing ejectment, particularly those in sublease situations, may wish to review their written rental agreement carefully and consult a tenant-rights organization or legal aid provider to understand available defenses.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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Rules and statutes that cite this regulation