12 V.S.A. § ___ § 4854a
Property of tenant remaining on premises after eviction
Operative Text
(a) A landlord may dispose of any personal property remaining in a dwelling unit or leased premises without notice or liability to the tenant or owner of the personal property: (1) 15 days after a writ of possession is served pursuant to this chapter or upon the landlord being legally restored to possession of the dwelling unit or leased premises pursuant to this chapter, whichever is later; or (2) in the case of an eviction brought pursuant to 10 V.S.A. chapter 153, 40 days after a writ of possession issued for failure to pay rent into court pursuant to subsection 4853a(h) of this title is served or upon the landlord being legally restored to possession of the leased premises by a writ of possession issued for failure to pay rent into court pursuant to subsection 4853a(h) of this title, whichever is later. (b) Notwithstanding subsection (a) of this section, if the court stays the execution of a writ of possession issued pursuant to this chapter, then a landlord may dispose of any personal property remaining in a dwelling unit or leased premises without notice or liability to the tenant or owner of the personal property one day after the landlord is legally restored to possession of the dwelling unit or leased premises. (Added 2011, No. 137 (Adj. Sess.), § 11, eff. May 14, 2012; amended 2015, No. 9, § 1.)
Under 12 V.S.A. ch. 169 § 4854a, once a landlord has been legally restored to possession of a rental unit following an eviction, a waiting period applies before any personal property left behind by the tenant may be discarded or otherwise disposed of. In standard eviction cases, that window is 15 days after the writ of possession is served, or the date the landlord regains legal possession, whichever comes later. In evictions under 10 V.S.A. chapter 153 involving failure to pay rent into court, the window extends to 40 days. If a court has stayed execution of the writ, the landlord may dispose of remaining property just one day after regaining legal possession.
Plain English — not legal advice.
Operators managing a post-eviction unit in Vermont should be aware that 12 V.S.A. ch. 169 § 4854a sets specific waiting periods before abandoned personal property can lawfully be disposed of without notice or liability. In a typical eviction, compliant operators generally wait the full 15-day period from service of the writ or the date of legal restoration to possession, whichever is later, before removing or discarding a former tenant's belongings. In evictions tied to failure to pay rent into court under 10 V.S.A. chapter 153, that period extends to 40 days, and when a court stay was in place, the period collapses to one day after legal restoration to possession.
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 § 4854a, tenants who have been evicted retain a window of time during which a landlord is not yet permitted to dispose of personal property left in the unit. In most eviction proceedings, that protection lasts at least 15 days from service of the writ of possession; in cases involving failure to pay rent into court under 10 V.S.A. chapter 153, it extends to 40 days. Tenants who believe a landlord disposed of their belongings before the applicable period expired may wish to consult a tenant-rights organization or legal aid provider to understand what remedies or defenses may be available.
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