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Vt. Judiciary, Eviction Process

Citation
Vt. Judiciary, Eviction Process
Jurisdiction
Vermont (state)
Source
Official source

Full Text

1,736 chars
An order to pay rent into escrow will be for rent owed since:

the eviction case was started, or

since the tenant was served with the eviction complaint,

whichever happens first. The order will not include amounts the landlord claims the tenant owed before either of those events.

At the hearing, the judge will hear from both parties and make a decision about whether the tenant must pay rent to the court until the case is finished.

If the court orders the tenant to make payments, the order will say when the tenant must make payments, and the amount they must pay. If the tenant does not follow the order (misses a payment, for example), the landlord is entitled to a judgment for immediate possession of the premises. The court may issue a Writ of Possession, which is a court order returning the premises to the landlord. The Writ of Possession must be served on the tenant by a sheriff. The tenant must leave the premises in seven days.

Responding to an eviction complaint

The tenant generally has 21 days after being served with the eviction complaint to respond by filing a written answer with the court. If the tenant does not file a written answer to the complaint, the landlord can ask the court for a default judgment.

An answer may include affirmative defenses. An affirmative defense is a reason the landlord may not be able to evict the tenant or claim damages against them. If the tenant has any defenses, they should include them in their answer.

The VTLawHelp website has information about possible affirmative defenses on their Court Process: Steps in an Eviction Case web page under What Goes in the Tenant’s Answer / Include affirmative defenses.

The tenant also has the option of asking for a jury trial.