12 V.S.A. § ___ § 4763
When all tenants are not sued; disclaimer
Operative Text
The writ in the action of ejectment shall not abate because all the tenants are not sued, but those on whom service is made shall answer for such part of the premises only as they set forth in their answer, and disclaim as to the remainder. If a defendant disclaims as to the whole, he or she shall recover his or her costs, unless the plaintiff proves such defendant in possession of all or part of the premises demanded at the commencement of the action.
Vermont law under 12 V.S.A. ch. 169 § 4763 provides that an ejectment lawsuit does not fail simply because not every tenant was named as a defendant. Each served defendant is responsible only for the portion of the property they claim in their answer, and they must formally disclaim any interest in the rest. A defendant who disclaims any interest in the entire property is generally entitled to recover their legal costs, unless the plaintiff can show that defendant actually possessed all or part of the disputed premises when the lawsuit began.
Plain English — not legal advice.
Under 12 V.S.A. ch. 169 § 4763, property owners pursuing an ejectment action should be aware that failing to name every tenant does not automatically defeat the case, but each served defendant will only be held accountable for the portion of the premises they acknowledge in their answer. Compliant operators typically document which individuals are in possession of which parts of a property before commencing an ejectment action, since a defendant who successfully disclaims possession may be entitled to recover costs from the plaintiff. Careful pre-suit investigation of actual occupancy helps ensure that the action is directed at the right parties for the right portions of the premises.
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 § 4763, tenants who are served in an ejectment action have the right to limit their legal exposure to only the portion of the premises they actually occupy or claim, by setting that out clearly in their answer and disclaiming any interest in the rest. A tenant who has no possessory interest in the property at all may be able to disclaim entirely and seek to recover their costs, provided the plaintiff cannot prove they were in possession at the time the lawsuit was filed. Tenants facing ejectment proceedings may benefit from consulting a tenant-rights organization or legal aid service to understand how the disclaimer process under this provision might apply to their circumstances.
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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