12 V.S.A. § ___ § 4921
Entry or detainer without force—complaint; trial; writ of restitution
Operative Text
When a person wrongfully and without force obtains or continues in possession of lands or tenements, and does not quit such possession after demand made in writing for the delivery of the possession thereof by the person entitled to such possession or his or her agent or attorney, upon complaint thereof in writing to a district judge, the judge shall hear and determine the same as in cases of forcible entry and detainer, and issue a writ of restitution accordingly. (Amended 1973, No. 249 (Adj. Sess.), § 38, eff. April 9, 1974.)
Vermont law under 12 V.S.A. ch. 171 § 4921 addresses situations where someone occupies property without force but also without legal right, and refuses to leave after receiving a written demand to vacate. Once a written complaint is filed with a district judge, the court handles the matter using the same procedures applied to forcible entry and detainer cases. If the court finds in favor of the person entitled to possession, it may issue a writ of restitution to restore possession of the property.
Plain English — not legal advice.
Under 12 V.S.A. ch. 171 § 4921, a property owner or manager seeking to reclaim possession from someone who remains without legal right generally begins by serving a written demand for the return of the property. If the occupant does not vacate after receiving that written demand, the owner or manager may file a written complaint with a district judge to initiate formal proceedings. Compliant operators typically keep careful records of the written demand, including how and when it was delivered, as this documentation is central to the court process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
12 V.S.A. ch. 171 § 4921 establishes that a landlord must first make a written demand for possession before a court proceeding can be initiated against an occupant under this provision. Tenants who receive such a written demand have an opportunity to respond or vacate before a formal complaint is filed with a district judge. Those who believe the demand is improper or that they have a legal right to remain may consider consulting a tenant-rights organization or legal aid service to understand available defenses, including raising the validity of the written demand in any subsequent court proceeding.
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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