Vermont Eviction Complaint (Ejectment) — Superior Court, Civil Division

COMPLAINT FOR EJECTMENT (RESIDENTIAL EVICTION) — VERMONT

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Premises and the Rental Agreement
4. Termination Notice and Compliance with 9 V.S.A. § 4467
5. Count I — Ejectment for Nonpayment of Rent (12 V.S.A. § 4773)
6. Count II — Ejectment for Material Breach (9 V.S.A. § 4467(b))
7. Count III — Ejectment After No-Cause Termination (9 V.S.A. § 4467(c)/(e))
8. Count IV — Holdover After Expiration of Term
9. Damages — Rent in Arrears, Use and Occupancy, Costs
10. Burlington Just Cause Compliance Pleading (Conditional)
11. Prayer for Relief
12. Demand for Trial by Jury
13. Reservation of Rights
14. Signature Block
15. Verification (if required)
16. Required Attachments
17. Vermont Practice Notes
18. Sources and References

1. CAPTION

STATE OF VERMONT

SUPERIOR COURT, CIVIL DIVISION

[COUNTY] UNIT

Docket No. [________________________________]

COMPLAINT FOR EJECTMENT (RESIDENTIAL EVICTION)

[VERIFIED, where required]

NOW COMES Plaintiff, by and through undersigned counsel, and complains of Defendants pursuant to 12 V.S.A. ch. 169 and 9 V.S.A. ch. 137, and respectfully alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff [LANDLORD'S NAME] ("Landlord") is [an individual residing at / a Vermont [LLC/corporation/partnership] with its principal place of business at] [ADDRESS, CITY, STATE], and is the owner / landlord of the Premises described below.

2.2. Defendant [TENANT'S NAME] ("Tenant") is, on information and belief, an adult resident of [COUNTY], Vermont, residing at the Premises, and is the tenant under the rental agreement described below.

2.3. Defendants "All Other Occupants of the Premises" are joined as parties pursuant to 12 V.S.A. § 4763 and V.R.C.P. 4 to bind any other person currently occupying the Premises.

2.4. This Court has subject-matter jurisdiction over this action pursuant to 4 V.S.A. § 30 (general civil jurisdiction of the Superior Court, Civil Division) and 12 V.S.A. §§ 4761 and 4851 (ejectment).

2.5. Venue is proper in this unit pursuant to 12 V.S.A. § 402 because the Premises are located in [COUNTY], Vermont.

3. THE PREMISES AND THE RENTAL AGREEMENT

3.1. Premises. The residential premises that are the subject of this action are located at [STREET ADDRESS, UNIT/APT, CITY, COUNTY, VERMONT, ZIP] (the "Premises").

3.2. Rental Agreement. Plaintiff and Tenant entered into [a written rental agreement dated __/__/____ (the "Lease," a true copy of which is attached as Exhibit A)] / [an oral month-to-month rental agreement commencing on or about __/__/____] for Tenant's occupancy of the Premises.

3.3. Rent. The agreed rent is $ [________] per [month / week], due on the [__] day of each rental period.

3.4. Continuous Tenancy. Tenant has resided continuously in the Premises since on or about [__/__/____], a continuous period of approximately [__] months/years as of the date of filing.

3.5. Security Deposit. Tenant tendered a security deposit of $ [________] at the inception of the tenancy, currently held by Plaintiff in [BANK / ACCOUNT — if disclosed in lease] subject to 9 V.S.A. § 4461.

4. TERMINATION NOTICE AND COMPLIANCE WITH 9 V.S.A. § 4467

4.1. On [__/__/____], Plaintiff served upon Tenant a [14-Day Notice to Pay Rent or Quit / 30-Day Notice to Cure or Quit / 14-Day Safety/Criminal Notice / 60-Day No-Cause Notice / 90-Day No-Cause Notice / 30-Day Sale Notice / Other: ________] (the "Termination Notice"), a true copy of which is attached as Exhibit B.

4.2. The Termination Notice was issued under 9 V.S.A. § 4467[(a)/(b)(1)/(b)(2)/(c)/(d)/(e)].

4.3. The Termination Notice was served on Tenant by [personal hand-delivery / certified mail / both] on [__/__/____], and the date of actual notice for purposes of 9 V.S.A. § 4467 was [__/__/____].

4.4. The Termination Notice specifically stated a termination date of [__/__/____], which is at least the statutorily required minimum number of days from the date of actual notice for the basis asserted.

4.5. Tenant has failed and refused to cure the breach (where applicable) and has failed and refused to vacate and surrender possession of the Premises on or before the termination date. Tenant remains in possession.

4.6. Plaintiff has complied with all conditions precedent to maintaining this action under 9 V.S.A. ch. 137 and 12 V.S.A. ch. 169.

5. COUNT I — EJECTMENT FOR NONPAYMENT OF RENT (12 V.S.A. § 4773)

[Plead this Count where nonpayment is the basis.]

5.1. Plaintiff incorporates by reference paragraphs 2.1 through 4.6 as if fully restated.

5.2. As of the date of filing, Tenant is in arrears on rent and other lawful charges in the amount of $ [________], itemized as follows:

5.3. Plaintiff served a 14-Day Notice to Pay Rent or Quit pursuant to 9 V.S.A. § 4467(a), as alleged above.

5.4. Tenant did not pay or tender the full rent due through the end of the rental period in which payment would have been made on or before the termination date, and the rental agreement therefore terminated on [__/__/____].

5.5. Pursuant to 12 V.S.A. § 4773, Plaintiff need not prove a separate demand for rent or any reentry stipulation, and is entitled to recover possession as if the rent had been demanded and reentry made.

5.6. Plaintiff acknowledges that Tenant retains a one-time-per-12-months right under 12 V.S.A. § 4773 to defeat this action, before the writ of possession is executed, by paying into court all rent due through the end of the current rental period plus interest and costs of suit. Plaintiff further alleges that Tenant [has not / has previously, on __/__/____, on Docket No. ______] invoked that right within the preceding 12 months.

5.7. Plaintiff is entitled to a judgment for possession of the Premises and for all rent in arrears, accruing rent and use-and-occupancy through the date of vacant possession, costs, and (if the Lease so provides) reasonable attorney's fees pursuant to 12 V.S.A. § 4854.

6. COUNT II — EJECTMENT FOR MATERIAL BREACH (9 V.S.A. § 4467(b))

[Plead this Count where breach of a material lease term or chapter obligation is the basis.]

6.1. Plaintiff incorporates by reference paragraphs 2.1 through 4.6 as if fully restated.

6.2. Tenant materially breached the rental agreement and Tenant's obligations under 9 V.S.A. § 4456 in the following manner:

[FACTUAL DESCRIPTION OF BREACH — cite specific lease provisions, statutory duties, and factual occurrences with dates, locations, and witnesses. Vermont courts demand specificity in the underlying notice and complaint.]

6.3. Plaintiff served a [30-Day Notice to Cure or Quit under 9 V.S.A. § 4467(b)(1) / 14-Day Safety Notice under 9 V.S.A. § 4467(b)(2)], as alleged above.

6.4. Tenant [failed and refused to cure within the 30-day cure period / committed conduct that does not require a cure opportunity under § 4467(b)(2) because it constitutes criminal activity, illegal drug activity, acts of violence, or conduct threatening the health or safety of other residents].

6.5. The rental agreement therefore terminated on [__/__/____], and Tenant has remained in possession without right.

6.6. Plaintiff is entitled to a judgment for possession of the Premises and for all damages, costs, and (if the Lease so provides) reasonable attorney's fees pursuant to 12 V.S.A. § 4854.

7. COUNT III — EJECTMENT AFTER NO-CAUSE TERMINATION (9 V.S.A. § 4467(c)/(e))

[Plead this Count where no-cause termination of an oral month-to-month or written tenancy is the basis. Do NOT plead in Burlington if the Just Cause Charter Amendment is in force locally.]

7.1. Plaintiff incorporates by reference paragraphs 2.1 through 4.6 as if fully restated.

7.2. Tenant occupies the Premises under [an oral month-to-month tenancy / a written rental agreement that has been duly terminated].

7.3. Plaintiff served a no-cause termination notice under 9 V.S.A. § [4467(c)(1) — 60 / 90 days / 4467(c) — 21 days / 4467(e) — 30 / 60 / 7 days / 4467(d) — 30 days (sale)], with a termination date of [__/__/____], as alleged above.

7.4. The notice met or exceeded the statutorily required minimum number of days from actual notice (or before end/expiration of the stated term, as applicable).

7.5. Tenant has remained in possession after the termination date without right.

7.6. Plaintiff is entitled to a judgment for possession of the Premises, use-and-occupancy through the date of vacant possession, costs, and (if the Lease so provides) reasonable attorney's fees pursuant to 12 V.S.A. § 4854.

8. COUNT IV — HOLDOVER AFTER EXPIRATION OF TERM

[Plead this Count where the written term has fully expired and Tenant remains in possession after a duly served end-of-term notice.]

8.1. Plaintiff incorporates by reference paragraphs 2.1 through 4.6 as if fully restated.

8.2. The Lease term expired on [__/__/____] by its own terms.

8.3. Plaintiff served a notice of non-renewal/termination under 9 V.S.A. § 4467(e) at least [30 / 60] days before expiration, as alleged above.

8.4. Tenant has held over after expiration without Plaintiff's consent and is now occupying the Premises at sufferance.

8.5. Plaintiff is entitled to a judgment for possession, use-and-occupancy at the prior contract rate or fair market value (whichever is greater), costs, and (if the Lease so provides) reasonable attorney's fees pursuant to 12 V.S.A. § 4854.

9. DAMAGES — RENT IN ARREARS, USE AND OCCUPANCY, COSTS

9.1. Rent in arrears through filing: $ [________].

9.2. Accruing rent / use-and-occupancy: at $ [________] per [month / week], continuing until vacant possession is delivered to Plaintiff.

9.3. Late fees / NSF charges (only if expressly authorized by Lease): $ [________].

9.4. Damage to Premises (beyond ordinary wear and tear): $ [________], [itemized in attached Exhibit C / to be proven at trial].

9.5. Costs of suit, including filing fee, sheriff's service, and writ of possession service.

9.6. Reasonable attorney's fees as authorized by Section [__] of the Lease and 12 V.S.A. § 4854.

9.7. Plaintiff acknowledges that any security deposit held will be applied or returned in accordance with 9 V.S.A. § 4461 and credited against any judgment.

10. BURLINGTON JUST CAUSE COMPLIANCE PLEADING (CONDITIONAL)

10.1. [For Burlington tenants ONLY, if the Just Cause Charter Amendment is in force at filing.] The Premises are located in the City of Burlington. The basis for termination pleaded above constitutes an enumerated "just cause" under the Burlington City Code, namely [ground], and Plaintiff has complied with all applicable municipal procedural prerequisites, including without limitation [describe — e.g., first-warning notice, mediation request, pre-filing notice to City].

10.2. [For non-Burlington tenants:] The Premises are NOT located in the City of Burlington and no municipal just-cause ordinance currently applies to this tenancy.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

A. Enter judgment in favor of Plaintiff and against Defendants for IMMEDIATE POSSESSION of the Premises pursuant to 12 V.S.A. § 4854;

B. Issue a WRIT OF POSSESSION pursuant to 12 V.S.A. § 4854, executable not earlier than 14 days after service on Tenant;

C. Award Plaintiff a money judgment for all rent in arrears, accruing rent, and use-and-occupancy through the date of vacant possession, in an amount to be proven at trial;

D. Award Plaintiff damages for waste or damage to the Premises beyond ordinary wear and tear, in an amount to be proven at trial;

E. [If Lease so provides] Award Plaintiff reasonable attorney's fees pursuant to 12 V.S.A. § 4854;

F. Award Plaintiff costs of suit;

G. [Optional] Order Tenant to pay accruing rent into court pending final judgment, pursuant to 12 V.S.A. § 4853a, with the consequence that failure to comply entitles Plaintiff to immediate judgment for possession;

H. [Optional, where applicable] Grant the expedited hearing afforded by 12 V.S.A. § 4853b for unlawful occupants;

I. Grant Plaintiff such other and further relief as the Court deems just and equitable.

12. DEMAND FOR TRIAL BY JURY

Pursuant to 12 V.S.A. § 4852 and V.R.C.P. 38, Plaintiff demands a trial by jury on all issues so triable.

13. RESERVATION OF RIGHTS

Plaintiff expressly reserves all further rights and remedies arising under the Lease, Vermont law, and applicable common law, and reserves the right to amend this Complaint as discovery and circumstances may warrant pursuant to V.R.C.P. 15.

14. SIGNATURE BLOCK

DATED at [CITY], Vermont, this [__] day of [MONTH], [YEAR].

[NAME OF PLAINTIFF / ENTITY]

By their attorneys,

___________________________________

[ATTORNEY NAME], Esq.

Vermont Bar No. [____]

[FIRM NAME]

[ADDRESS, CITY, STATE, ZIP]

Telephone: [PHONE]

Email: [EMAIL]

(Counsel for Plaintiff)

15. VERIFICATION (if required)

STATE OF VERMONT

COUNTY OF [__________], ss.

I, [VERIFYING PARTY NAME], having been duly sworn, depose and say:

15.1. I am [the Plaintiff / a duly authorized officer/manager of Plaintiff entity] and have personal knowledge of the matters set forth in the foregoing Complaint;

15.2. The facts alleged in the foregoing Complaint are true to my own knowledge, except as to those alleged on information and belief, and as to those, I believe them to be true.

___________________________________

[VERIFYING PARTY NAME]

Subscribed and sworn to before me on this [__] day of [MONTH], [YEAR].

___________________________________

Notary Public / Vermont Attorney

My commission expires: [__/__/____]

16. REQUIRED ATTACHMENTS

Pursuant to 12 V.S.A. § 4852 ("A copy of the rental agreement, if any, and any notice to terminate the defendant's tenancy shall be attached to the complaint"):

• Exhibit A: Written Rental Agreement (Lease) dated [__/__/____] (or, if oral, a sworn statement to that effect);
• Exhibit B: Termination Notice(s) with proof of service / certificate of actual notice;
• Exhibit C: Itemized Statement of Damages and Charges (optional but recommended);
• Exhibit D: Code-enforcement citations, police reports, or other supporting documentation (where applicable);
• Exhibit E: Burlington / Brattleboro / Montpelier municipal compliance documentation, if applicable.

17. VERMONT PRACTICE NOTES

17.1. Filing fee and forms. File the Complaint, civil cover sheet, and pay the filing fee in the Civil Division of the Superior Court for the county where the Premises are located. Vermont Judiciary maintains form summonses; service follows V.R.C.P. 4.

17.2. Service. Service may be effected by sheriff, constable, or any disinterested person 18 or older not a party (V.R.C.P. 4(c)). Personal service on Tenant is preferred; sub-service requires strict compliance.

17.3. Tenant's answer. Tenant has 21 days after service to file a written Answer per V.R.C.P. 12(a). If no Answer, Plaintiff may seek default judgment.

17.4. Rent escrow under § 4853a. A Motion for Payment of Rent into Court is the strongest leverage in nonpayment cases. Hearing is set after 14 days' notice; the order requires Tenant to deposit accruing rent. Failure to comply entitles Plaintiff to immediate judgment for possession.

17.5. Section 4853b expedited unlawful-occupant track. For persons occupying without any landlord-tenant relationship (e.g., in violation of an anti-sublet provision), § 4853b allows hearing on 10 days' notice, judgment for immediate possession on default or for failure to oppose, and execution of writ no earlier than 5 days after service.

17.6. Writ of possession. Issues on entry of judgment under § 4854. Sheriff may not execute earlier than 14 days after service on Tenant. Tenant property left after writ execution: 15-day hold under § 4854a (40 days for certain mobile home park cases).

17.7. Attorney's fees. Available only if the written Lease so provides. Vermont follows the American rule strictly; "prevailing party" provisions must be in the contract.

17.8. Appeal. Either party may appeal to the Vermont Supreme Court within 30 days of entry of judgment under V.R.A.P. 4. Stay pending appeal generally requires a supersedeas bond covering accruing rent and damages.

17.9. Tenant defenses to anticipate. Defective notice (strict construction); breach of warranty of habitability and rent abatement (9 V.S.A. §§ 4457, 4458); retaliation within 90 days of a code complaint (9 V.S.A. § 4465 — rebuttable presumption); discrimination under 9 V.S.A. § 4503 and federal FHA (including source of income, sexual orientation, gender identity); security-deposit setoff (9 V.S.A. § 4461); self-help violation triggering treble damages (9 V.S.A. §§ 4463–4464); and (in Burlington, if applicable) lack of just cause.

17.10. Mobile home park cases. Use 10 V.S.A. ch. 153 procedure (esp. § 6237) — separate notice, longer mailing/expiration timelines, special abandonment rules.

17.11. Subsidized housing. Federally subsidized tenancies require "good cause" pleading and HUD-form notice compliance; pleadings should specifically allege compliance with applicable program rules (e.g., 24 C.F.R. Part 247 for HUD multifamily).

18. SOURCES AND REFERENCES

• 12 V.S.A. ch. 169 — Ejectment. Available at: https://legislature.vermont.gov/statutes/fullchapter/12/169
• 12 V.S.A. § 4773 — Ejectment for nonpayment of rent. Available at: https://legislature.vermont.gov/statutes/section/12/169/04773
• 12 V.S.A. § 4852 — Mode of process; declaration; trial by jury. Available at: https://legislature.vermont.gov/statutes/section/12/169/04852
• 12 V.S.A. § 4853a — Payment of rent into court; expedited hearing. Available at: https://legislature.vermont.gov/statutes/section/12/169/04853a
• 12 V.S.A. § 4853b — Unlawful occupant; expedited hearing. Available at: https://legislature.vermont.gov/statutes/section/12/169/04853b
• 12 V.S.A. § 4854 — Judgment for plaintiff; writ of possession. Available at: https://legislature.vermont.gov/statutes/section/12/169/04854
• 9 V.S.A. § 4467 — Termination of tenancy; notice. Available at: https://legislature.vermont.gov/statutes/section/09/137/04467
• 9 V.S.A. § 4468 — Action for possession. Available at: https://legislature.vermont.gov/statutes/section/09/137
• Vermont Rules of Civil Procedure. Available via Vermont Judiciary: https://www.vermontjudiciary.org/about-vermont-judiciary/rules-procedure
• V.R.A.P. 4 — Appeal as of right; time for filing. Available via Vermont Judiciary.
• Vermont Judiciary — Eviction Process. Available at: https://www.vermontjudiciary.org/civil/eviction-process
• VTLawHelp.org — Court Process: Steps in an Eviction Case. Available at: https://vtlawhelp.org/court-process-eviction
• 9 V.S.A. § 4503 — Vermont Fair Housing Act. Available at: https://legislature.vermont.gov/statutes/section/09/139/04503
• 10 V.S.A. ch. 153 — Mobile Home Parks. Available at: https://legislature.vermont.gov/statutes/fullchapter/10/153
• Burlington Just Cause Eviction Charter Amendment (status & history). See VTDigger and the City of Burlington Clerk's Office.
• Federal Fair Housing Act, 42 U.S.C. § 3601 et seq.
• VAWA, 34 U.S.C. § 12491.

END OF COMPLAINT.