(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.)