12 V.S.A. § ___ § 4853b
Unlawful occupant; expedited hearing
Operative Text
(a)(1) In an action for ejectment, the landlord, the landlord’s agent, or the tenant may file a motion for a judgment that the plaintiff is entitled to immediate possession of the premises on the grounds that the defendant is a person that is occupying a dwelling unit without right or permission and the written rental agreement for the dwelling unit prohibits subleasing pursuant to 9 V.S.A. § 4456b(a)(2). (2) 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 an affidavit setting forth particular facts in support of the motion and a copy of the lease agreement. (b) A hearing on the motion shall be held any time after 10 days’ notice to the parties. (c) At any time before the hearing, the defendant may oppose the motion pursuant to Rule (7)(b)(6) of the Vermont Rules of Civil Procedure by filing an affidavit, a signed written statement, or a memorandum in opposition to the motion. The affidavit, signed written statement, or memorandum shall set forth particular facts to show that a genuine dispute of fact exists in relation to the motion. (d)(1) If the defendant fails to appear for the hearing, or to file an affidavit, signed written statement, or memorandum in opposition to the plaintiff’s motion, or has failed to file an answer in the time provided pursuant to Rule 12 of the Vermont Rules of Civil Procedure, the plaintiff shall be entitled to judgment by default for immediate possession of the premises. (2) If the court finds that the defendant is a person that is occupying the dwelling unit without right or permission and the written rental agreement for the dwelling unit prohibits subleasing pursuant to 9 V.S.A. § 4456b(a)(2), the court shall grant the plaintiff’s motion and issue judgment in favor of the plaintiff for immediate possession of the premises. (e) If the court issues judgment in favor of the plaintiff pursuant to subsection (d) of this section, the court shall, on the date judgment is entered, 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, not sooner than five days after the writ is served, to put the plaintiff into possession. (f) At any time prior to the execution of the writ of possession, the defendant may file an affidavit, signed written statement, or a motion with the court setting forth facts demonstrating that the defendant is occupying the premises lawfully. The court shall treat an affidavit, signed written statement, or a motion filed under this subsection as a motion pursuant to Rule 59 or 60 of the Vermont Rules of Civil Procedure, as appropriate. (Added 2015, No. 126 (Adj. Sess.), § 5; amended 2021, No. 147 (Adj. Sess.), § 2, eff. May 31, 2022.)
Vermont law under 12 V.S.A. ch. 169 § 4853b establishes an expedited court process for ejectment cases where someone is occupying a dwelling unit without right or permission and the written rental agreement prohibits subleasing. Either the landlord or the tenant of record may file a motion for immediate possession, supported by an affidavit and a copy of the lease, and a hearing can be scheduled with as little as 10 days' notice. If the court finds the occupant is there without authorization and the lease bars subleasing, it can order immediate possession and direct the sheriff to execute a writ of possession no sooner than five days after it is served. The occupant retains the ability to contest the motion or, even after judgment, to file a statement with the court asserting a lawful right to remain before the writ is carried out.
Plain English — not legal advice.
Under 12 V.S.A. ch. 169 § 4853b, landlords or their agents who discover an unauthorized occupant in a unit covered by a no-sublease clause have access to an expedited ejectment process. A compliant operator typically files the motion alongside or after the ejectment complaint, attaches a sworn affidavit detailing the specific facts, and includes a copy of the lease agreement that contains the sublease prohibition. Because the court can issue a writ of possession directing the county sheriff to act within days of judgment, landlords generally ensure their documentation is thorough and accurate before initiating this process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are a tenant of record involved in an ejectment action under 12 V.S.A. ch. 169 § 4853b, this provision gives you the right to file a motion seeking immediate possession against an unauthorized occupant in your unit, just as a landlord can. An occupant facing removal under this section has the right to oppose the motion by filing an affidavit, signed written statement, or memorandum that identifies a genuine factual dispute, and may also file a statement asserting lawful occupancy at any point before the sheriff executes the writ of possession. Tenants and occupants navigating this process may benefit from consulting a tenant-rights organization or legal aid service familiar with Vermont civil procedure, including Rules 59 and 60 of the Vermont Rules of Civil Procedure, which govern post-judgment relief.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation