The landlord must provide these documents to be served on the tenant:
Complaint, including any attachments filed such as:
A copy of the lease, if it is written.
A copy of the written termination notice given to the tenant.
Summons signed by the court clerk or landlord’s attorney.
Declaration of Compliance with CARES Act (form 100-00031).
Blank Answer form.
Blank Notice of Appearance for Self-Represented Litigant (form 100-00265).
There is a fee to have a sheriff or constable serve. The landlord can ask to have the service fee waived as part of a request to waive the filing fees. See the Application to Waive Filing Fees and Service Costs web page for information.
Once the sheriff serves the documents, they will send the landlord a document called Return of Service. It will list the documents the sheriff served and the amount they charged. The landlord must file the Return of Service with the court to prove the tenant was served.
Motion for Rent Escrow
If the tenant owes the landlord past-due rent, the landlord can ask the court to order the tenant to make rental payments to the court instead of to the landlord. The court will hold the payments until the case is done. 12 V.S.A. § 4853a.
Making the Request for Rent Escrow
The landlord can make the request by filing a Motion for Rent Escrow. This request is sometimes called a motion to pay rent into court, or motion for rent into court. The motion can be filed at the same time as the complaint, or sometime later in the case.
The Vermont Judiciary does not have a motion for rent escrow form. A landlord can use the general Civil Division Motion (form 100-00053).
At a minimum, the motion should include the following information:
A description of the agreement with the tenant about their duty to pay rent.