Court Process: Steps in an Eviction Case

The landlord must attach to the Complaint the written rental agreement, if there is one, and the termination notice. 12 V.S.A. § 4852. The landlord must also include these forms: a Declaration of Compliance with the CARES Act, a blank eviction Answer form, and a blank Notice of Appearance for Self-Represented Litigant. If you have a Section 8 subsidy housing voucher, the landlord must also attach the tenancy addendum required by the Housing Assistance Payments contract. Because the ejectment statute, 12 V.S.A. § 4852, requires all these things, you can file a Motion to Dismiss with the court if they are not attached to the Complaint. [See Reasons to dismiss, below.]

The Summons and Complaint and other forms listed above must be served on you by sheriff or other process server. “Served” means it must be given to you or left at your unit with a person “of suitable age and discretion.” VRCP 4.

Generally, a tenant/defendant must file an Answer 21 days after the day the Complaint was served. But in eviction cases, there can be exceptions to the general rule.

• If you file a Motion to Dismiss before you file an Answer, the Answer deadline is postponed until 14 days after the court rules on the Motion to Dismiss VRCP 12(a)(3)(A).
• If you got a Notice of Hearing for Rent into Court with your Complaint, and the Rent into Court hearing date is before the 21-day Answer date, and you go to that hearing, your Answer deadline is 14 days after the Rent into Court hearing. 12 V.S.A. § 4853a(a).

If there is no Rent into Court hearing scheduled when the Complaint is served, or you don’t show up at the Rent into Court hearing (see below for why this not a good idea), you must file a written Answer with the court 21 days after the day it is served. VRCP 12(a)(1).

When you file your Answer with the court, you need to send a copy to the landlord, and file a Certificate of Service with the court. VRCP 5.

For what to put in your Answer, see The tenant’s answer, below.

If you are behind on the rent at the time a case is filed in court or at any time after that, the landlord can make Motion for Rent into Court. Even if you are being evicted for a reason other than non-payment of rent, if your rent is behind, the landlord can make the motion. 12 V.S.A. § 4853a.

The court can order you to pay your rent to the court clerk until the case is over. The reason the landlord wants this is because if you are late paying the court clerk, the law says the landlord can get an immediate Writ of Possession. After the Writ is served on you, you have to be out in seven days. 12 V.S.A. § 4853a(h).

Another reason for the Rent into Court law is so that by the time a case is decided, there is money to pay the rent that has accrued (built up) between the time the court case starts and ends. If the court rules that the landlord is not entitled to all the rent because of problems with the unit, the remainder goes back to you.

You can oppose the Motion for Rent into Court in writing before the hearing.

Before the scheduled hearing day, write your Opposition and file it with the court, send the landlord a copy and keep a copy for yourself. Here are some reasons to oppose the Motion for Rent into Court:

• The court shouldn’t order Rent into Court if your rent is all paid up. It can only order Rent into Court if you are behind in paying your rent. 12 V.S.A. § 4853a(d).
• You may be lawfully withholding rent. 9 V.S.A. § 4458. The law requires that there are enough facts for the court to decide that: “the tenant is obligated to pay rent and has failed to do so,” 12 V.S.A. § 4853a(d). If you gave notice to the landlord of a defect that materially affects health and safety, and the landlord has not made the repair, you are lawfully withholding rent. 9 V.S.A. § 4458. If you are lawfully withholding rent, you are not obligated to pay. A Rent into Court order can be risky for you if you have a hard time getting to the court building, and if you are lawfully withholding rent, the court shouldn’t make it easier for the landlord to get a Writ of Possession.
• There was not enough time between the time you were served and the motion day. The timing is important, because you must have 14 days’ notice before the Rent into Court hearing. 12 V.S.A. § 4853a(b). The landlord is responsible for getting you served in time. 

Hearing on Rent into Court

Most important: This court hearing is not the end of the case. It is only about whether you should pay your Rent into Court while the case is going on. It also says how much and on what days you have to make the payment. On a later date there will be a trial to decide if you can keep possession and whether either party owes money damages to the other. If you don’t show up and you haven’t answered, make sure you file a written Answer to the Complaint within 21 days from when you were served.

If you both show up, you could talk about settling the case. You can settle the case at any time, but many tenants and landlords think about settling when they are both in the court building. [See Settling the eviction case, below.]

At the hearing, the court can grant or deny the landlord’s request for a Rent into Court order.

Here are reasons the court could make a Rent into Court order at the hearing date:

• You don’t show up and the landlord does. With you not there, the landlord can get what the landlord wants.
• You come to the hearing, but haven’t filed a written opposition in advance of the hearing.
• You come to the hearing, but have no grounds to oppose. But, you ask the court for dates and amounts you can pay. [See You can ask the court for a payment plan, below.]

Here are the reasons the court could NOT make a Rent into Court order at the hearing date:

• The landlord doesn’t show up.
• You filed a written opposition, and you show up and testify that:
  • that the rent is paid up, or
  • the rent has been lawfully withheld, or
  • you are not obligated to pay for some other reason (for example, you have moved out) or
  • you did not get 14 days’ notice of the Rent into Court hearing

How much Rent into Court can a court order the tenant to pay?

The court can order the tenant to pay:

• your current rent every month, and
• the rent that wasn’t paid from the date the eviction case was filed in court, or if the Summons was served before the case was filed, from the date the Summons was served. VRCP 3, 12 V.S.A. § 4853a(d).

Example: December’s rent was not paid. The termination date was January 4th. The landlord files in court January 14th. The Summons, Complaint and Notice of Rent into Court hearing was served January 17th. The Rent into Court hearing happens on January 28th. The court will order that you pay your current rent for February on February 1st, and order that you pay the rent due between January 14th and February 1st also on February 1st.

You can ask the court for a payment plan

If you have a good reason (the timing of benefit or paychecks is a good reason) you can ask that the court order include dates that make it possible for you to pay on time. Keep in mind that the court will not accept personal checks, only money order, bank checks or cash. 12 V.S.A. § 4853a(e) When asking for payment dates, you have to think about how you will get the money to the court by those dates.

If you do not pay Rent into Court as ordered

The landlord can get a Writ of Possession if you do not pay Rent into Court as ordered. If you get a Motion for a Writ, or are served with a Writ of Possession, and you want to pay up and stay in the unit, you must immediately (the same day) file a written Opposition to the Motion for a Writ, or a Motion to Quash the Writ, and pay the payments due under the order into court.

The court will review your opposition. The court may decide to let you stay, but it may decide that even if you have the money now, the fact that you didn’t pay on time means that the landlord can get a Writ of Possession.

At the beginning of the case you should look at the landlord’s Complaint and attachments. You can file a motion to dismiss the court case if the landlord failed to follow the law. When you file a Motion to Dismiss with the court, you need to send a copy to the landlord, and file a Certificate of Service with the court.

Here is a list of some common reasons (“grounds”) to dismiss the court case. A lot of them are because the landlord’s termination notice did not meet legal requirements. Learn more on our Notice to Terminate Tenancy page.

Landlord didn’t attach a document to the complaint.

• Landlord did not attach the termination notice with the Complaint, 12 V.S.A. § 4852.
• There is a written rental agreement and the landlord failed to attach it to the Complaint. 12 V.S.A. § 4852.
• The landlord has received some rent paid by a Section 8 subsidy, and has failed to attach the tenancy addendum of the Housing Assistance Payments (HAP) contract.

Landlord didn’t give notice to the housing authority.

• The landlord has received some rent paid by a Section 8 subsidy, and has failed to give the housing authority a copy of the termination notice or the Complaint. (Get affidavit from housing authority.)

The termination notice leaves something out, or says something wrong.

• The termination notice for nonpayment states an amount of money that includes charges for things other than rent and so falsely states the amount of money that must be paid to keep the tenancy from being terminated. 9 V.S.A. § 4467(a)
• The termination notice for any grounds isn’t effective to terminate the tenancy because it didn’t give the legally required amount of days in advance of the termination date. 9 V.S.A. § 4467.
• The termination notice for non-payment leaves out that the tenant that can pay all the rent owed and the tenancy will not be terminated. 9 V.S.A. § 4467(a)

The notice is no good.

The termination notice for non-payment isn’t effective to end the tenancy because the tenant paid all the rent owed in time. 9 V.S.A. § 4467(a).

The landlord got the timing of the termination notice wrong.

• The termination notice for any grounds isn’t effective to terminate the tenancy because it wasn’t delivered enough in advance of the termination date. 9 V.S.A. § 4451(1), 4467.
• The case was filed before the termination date stated in the termination notice. 12 V.S.A. § 4851.
• The case was filed more than 60 days after the termination date stated in the notice. 9 V.S.A. § 4467(k).

A Motion to Dismiss can say:

When you file your Motion to Dismiss with the court, you need to send a copy to the landlord, and file a Certificate of Service with the court.

If the eviction is for non-payment of rent, and that is the only reason for the eviction, you have another option.

You can pay all rent and costs into the court and stay in the unit. You can do this at any time before the sheriff comes to put you out (before the “execution of the Writ of Possession”). Any time means: After the case is filed, after you submit an answer, after trial, after the court’s judgment, and after issuance and service of the Writ of Possession. 12 V.S.A. § 4773.

You have to pay all the rent in arrears, plus court costs, which are the filing fee listed in 32 V.S.A. § 1431(b)(1) paid by the landlord and service fees (usually around $60 but the exact amount can be seen in the court’s file on the sheriff’s return of service).

Bring the payment to the court clerk. You can pay by cash, bank check, money order or credit card. At the same time, give the court clerk a Motion to Redeem. It asks the court to dismiss the case since everything has been paid. Make a copy to mail to your landlord or their lawyer. Also give the court a Certificate of Service to show that you mailed it.

Vermont law allows you to get an eviction dismissed this way once every 12 months.

Your written Answer admits or agrees with, or denies or disagrees with the numbered “allegations” (factual statements) in the landlord’s Complaint. An allegation may include facts you agree with and facts you disagree with. Your Answer should state specifically what you agree with and disagree with.

Use our sample Answer form (PDF).

Example

Complaint says:

Answer could say:

When you file your Answer with the court, you need to send a copy to the landlord, and file a Certificate of Service with the court.

In an Answer, an affirmative defense is you stating the reasons even if the landlord is right, why the landlord can’t win. In an Answer, affirmative defenses need only state the law of the affirmative defenses, and do not need to state all the facts, (even though you will have to prove those facts at trial). In writing down an affirmative defense, you are preserving your right to prove it at trial. If you don’t raise it, you lose your right to prove it at trial. Some affirmative defenses can also be the reason for a Motion to Dismiss. You can do both a Motion to Dismiss and list it in your affirmative defenses in your Answer.

Here are some frequent defenses in eviction cases:

• The termination notice was not legally effective to terminate the tenancy.
• You have paid all the money owed. 9 V.S.A. § 4467(a).
• Unlawful discrimination. 9 V.S.A. § 4503.
• In subsidized housing (such as Section 8),
  • The landlord failed to follow rules regarding the calculation of rent.
  • The landlord takes payments from the Housing Authority for your Section 8 subsidy, and has not followed the rules for evicting you.
• The value of the unit was less than agreed because:
  • Landlord breached the warranty of habitability. 9 V.S.A. § 4458.
  • The landlord breached your right to quiet enjoyment of the dwelling; meaning, something the landlord did, or allowed other tenants to do, changed the conditions of the apartment (such as breached your privacy, noise, activity, access).
• Offset – The amount you owe to the landlord is lessened by the amount the landlord owes you. For example, the money owed for rent should be offset for damages owed by landlord as a result of other violations of RRAA (for example by the time you get to trial, you could be owed security deposit refund).
• The landlord violated the anti-retaliation part of the RRAA. 9 V.S.A. § 4465(b).

When you file your defenses with the court, you need to send a copy to the landlord and file a Certificate of Service with the court.

A counterclaim is you asking the court to give you a money judgment or other order against the landlord because of something the landlord did wrong that caused you damage. You need to write down the facts that entitle you to win on your counterclaim.

If you want to file counterclaims, you have to pay a filing fee or request a fee waiver.

Frequent counterclaims in eviction cases:

• Breach of Warranty of Habitability
• Illegal Eviction
• Retaliation
• Intentional Infliction of Emotional Distress
• Unlawful Discrimination
• Violation of Consumer Protection Act

Use our sample Counterclaims form.

• Download a Word version of the Counterclaims form.
• Download a fillable PDF version of the Counterclaims form.

When you file your counterclaim with the court, you need to send a copy to the landlord and file a Certificate of Service with the court.

Include how much you want and why

• Ask for the actual amount of money that you are owed back from the landlord because of his or her actions. You should be ready to prove that the landlord owes you this amount with receipts or other documents or testimony.
• You can also ask for an amount to compensate you for “pain and suffering.” It may not be easy to put a dollar value on things like “distress.” But the more accurate you are in estimating the value of your loss, the more likely you are to recover that amount.
• If the landlord’s action were outrageous and intentional you can ask for triple damages for the landlord’s violation of the Consumer Fraud Act.
• If the landlord has violated the warranty of habitability, the illegal eviction law, or the prohibition against retaliation, you can ask the court for the landlord to pay your attorney’s fees and court costs.
• You can ask the court to order the landlord to repair any defective conditions in your apartment and decrease past and/or future rent to reflect the true value of the premises until all repairs are made.
• Any other relief the court decides is necessary and just under the circumstances.

If you do not file an Answer in the required amount of time, the clerk can enter a default. VRCP 55. After a default is entered, the landlord doesn’t have to send you copies of paperwork filed with the court anymore, VRCP 5, so you may not know the landlord has requested that the court grant her judgment by default.

If you think you may have missed the filing deadline, go to the court and ask to see the file. Sometimes you can call the clerk and ask for the status. File a motion to file a late Answer. If you don’t take these steps, you may not know Default Judgment has been granted until you are served with the judgment or a Writ of Possession.

If you are served with Default Judgment or Writ of Possession and you never filed an Answer, you should immediately file a Motion to Vacate the Default Judgment. The request must state the reason you didn’t file an Answer on time, and also that you have defenses to all or some of the landlord’s claims.

The Motion to Vacate Default Judgment could say:

Either party can send the other party written questions that must be answered within 30 days. There are three kinds of written questions that are used frequently:

1. VRCP 33 Interrogatories (answers must be signed under oath by the person answering VRCP 33(a))
2. VRCP 34 Production of Documents (must be signed by the party’s attorney or if no attorney, the party VRCP 26g)
3. VRCP 36 Request for Admissions (must be signed by the party’s attorney or if no attorney, the party VRCP 26g)

This rule exists so that trial can go faster and make more sense if both parties know what the other party is going to say. The law thinks it is not fair if one party tries to surprise the other at trial. If a party receives written questions and does not answer them, the court can decide not to allow them to present the evidence the questions asked for at trial, VRCP 37(d) , or can decide that the Admissions requested are deemed admitted, just as if the party had agreed with all the facts claimed by the other party.

When you send the landlord your written questions, file a Certificate of Service with the court.

Sometimes you can stop an eviction before it gets decided at a trial by negotiating a settlement agreement with the landlord. The settlement agreement is sometimes called a “stipulation.”

You should settle your eviction case if you can get what you need by settling. It is important to think about what you want most and what the landlord wants most. If you can each get what you want most, even if you can’t get everything you want, you can settle. Do not agree to move out unless and until you have a new place to live. Don’t agree to something unless you know for sure you can do it.

What do landlords often want?

• Rent. The landlord might be willing to let you stay if she believes she will get the rent paid on time in the future, and the back rent paid. (Owners with subsidized housing unit will frequently take a payment plan.)
• To know they can get possession at a certain time
• A Writ of Possession (a court order with the date by which the tenant has to be out)
• Get extra people out of the unit

What do tenants often need?

• Repairs
• Change to the cost of the unit. For example, if you are supposed to pay for heat, but it is expensive because there is no insulation, and so you can’t pay your rent, maybe the landlord would agree to insulate or pay for heat.
• No court record of eviction (so the settlement must agree to dismiss the eviction case, notjudgment) – this is important for you to rent in the future
• A pre-written reference from the landlord to your potential landlords
• Money to move. Maybe the landlord will give you money to move, or will agree you don’t owe any more money (“waives back rent”).
• To stay in the unit for a period of time (such as until the end of the school year)

Example: A settlement might be a repayment plan where you agree to pay your monthly rent plus an extra amount each month for back rent. In exchange, the landlord may lower the amount of money that you must pay back and drop the eviction case.

What to write down in a settlement

After an eviction case is filed with the court, there are two things to take care of to settle the case. First, between you and the landlord, create a written agreement about who is going to do what, and when. A settlement is a contract, and it should write out everything each of you is going to do.

Second, there should be a document, usually a Stipulation of Dismissal, VRCP 41, so the court can close its case. The dismissal stipulation must be signed by both the landlord and the tenant and must be filed with the court. (The settlement contract may be filed with the court, but it does not have to be.)

You and you landlord may want to dismiss an eviction case that has been filed in court. It could be that the reason for the case does not exist anymore. Reasons could include:

• The rent got paid up.
• The tenant moved out before the court scheduled a hearing.
• The landlord and tenant made an agreement so that takes care of the reason for the eviction.
• Some other reason.

Dismissal can be:

• “without prejudice” — meaning the same case could be filed one more time, or
• “with prejudice” — meaning all the issues in the case up until the date of dismissal are resolved and can’t be brought up again in court.

Depending on the step in the court process, the landlord and tenant could file to dismiss, or the landlord could file on their own. Here are the three potential situations:

1. If the landlord filed a Complaint, but the tenant has not filed an Answer yet, the landlord can file a Voluntary Dismissal by Plaintiff.

or

2. If the landlord has filed a Complaint, and the tenant has filed an Answer, the landlord and tenant can file a Stipulated Agreement to Dismiss.

If the tenant’s Answer included counterclaims, the landlord and tenant have to agree whether those are dismissed, too.

or

3. If the landlord has filed a Complaint, and the tenant has filed an Answer, but there is a reason the tenant can’t agree to dismiss, the landlord can file a Motion for Dismissal by Order of the Court.

If the tenant’s Answer included counterclaims, and the landlord is making a motion on their own, the court will want to be sure that the tenant is aware of the motion. The court will want the landlord to provide an address for the tenant, and also file a Certificate of Service showing that the motion was mailed to the tenant.

After any of these are filed with the court, the court will decide, and most likely send you an Entry Order of dismissal. This will officially dismiss the case.

At trial, the landlord (plaintiff) goes first, and has to prove the elements of his case by admissible evidence. The tenant (defendant) may object to evidence, see below, and gets a chance to ask questions of the landlord’s witnesses. If the tenant filed a counter-claim or affirmative defense, the tenant goes second, and has to prove the elements of them by admissible evidence.

Elements of the landlord’s case:

There was:

• A rental agreement
• for a certain unit
• between the landlord and you
• The notice of termination was effective because it
  • gave the right amount of days and
  • was delivered far enough in advance
  • if the termination notice was for non-payment,
    • it stated that the tenant had a right to defeat the termination by paying the rent owed
    • it stated the amount of rent, not other charges owed

*if the termination was for cause, the notice of termination was specific enough to let the tenant know what part of the rental agreement or RRAA was breached.

• You still live in the unit.
• You owe the landlord money for rent, utilities, and/or repairs.
• In an eviction for cause, the causes listed in the termination notice happened, and show that violated your  duties in the RRAA and/or the rental agreement.
• In an eviction for sale of the building, the landlord must prove that there is a contract for sale of the building.

If you don’t object, the court can consider everything the landlord says, everything the landlord’s witnesses say,  and all the documents the landlord brings.

There are rules to make sure that the testimony and documents are reliable and should be believed. If you think any of the requirements listed below are NOT met, be sure to tell the court when the witness testifies or tries to show the court documents.

• A witness should only testify to what she herself saw, heard or felt. A witnesses’ testimony is only reliable if it is based on personal knowledge, not what someone else said. If a witness, including the landlord, is not testifying based on what she saw, felt or heard, it is hearsay and you should object. Vermont Rule of Evidence VRE 801(c).
• Documents or papers that were made in the regular course of business or transactions may be admissible. VRE 803(6). But, if a document was made up the day before court to prove the landlord’s case, it is not admissible under the business records exception to hearsay. For example, the landlord could bring the carbon copies in a receipt book, or a print-out of a rent ledger. The landlord shouldn’t bring a list  made yesterday from notes in her calendar. If her calendar was the way she kept track of rent payments all along, her calendar could be evidence.

It is the defendant’s job at trial to insist that the rules be followed. So, when the landlord is trying to get the court to consider something that doesn’t follow the rules, the defendant (the tenant) can stand up and say “objection,” and then, when the judge asks why, say the reason. Here is a list of objections.

Hearsay: Each thing the landlord says has to be based on something the landlord personally heard, saw, or felt. If the landlord is repeating something someone else said or wrote down, it is hearsay. Affidavits or statements about the case are not admissible. However, the landlord can repeat something the tenant said. VRE 801(d) (2).

Not relevant: if the landlord says tenant should be evicted for a reason not listed in the Complaint or any termination notice sent before or after the lawsuit is filed, it isn’t relevant to the lawsuit. Sometimes landlords say irrelevant things to try to make the judge feel bad for the landlord, or to make you upset. VRE 401.

Not an authenticated document: Documents made by someone who is a not you, the landlord or a witness at trial must be the original document and/or also have a sworn statement from the maker of the document saying it was made at the time of the event in the document, by a person with knowledge, in the regular course of business. VRE 902(11). This could be Invoices for repairs or services or receipts for supplies. A landlord’s written list of cost of repairs is not admissible evidence of the cost of repairs.

The tenant has the right to ask questions of the landlord or the landlord’s witnesses. And the landlord or the landlord’s attorney can ask the tenant or the tenant’s witnesses questions. Either way, this is called “cross-examination.”

When you ask questions on cross examination, ask in a way that requires they be answered “yes” or “no.” This way you have more control over the information that goes to the court. You are allowed to cut off the answer if the witness wants to explain away a simple “yes” or “no” answer.

For example:

• “Isn’t it true that in September, we agreed I would rake leaves and you would give me $30 off the rent?”
• “Is it fair to say that when I moved in, the carpet was not new?”
• “I have always been a quiet tenant and paid my rent on time, right?”

A tenant can bring witnesses and documents to refute or contradict the landlord’s version of events. Bring all the evidence (witnesses, document, photos) you have on the day of the trial. This is where “keep a copy for yourself” really pays off. Bring:

• rent receipts or cancelled rent checks
• letters to and from the landlord; especially those notifying landlord of bad conditions or a response admitting that the conditions are bad
• pictures of the good condition tenant left the dwelling in
• pictures of the bad condition (peeling paint, broken window, water leak stains and damage) of the dwelling.
• a witness who heard landlord’s discriminatory remarks. It is not hearsay to repeat something the landlord said. Hearsay is when someone else’s comment is offered to prove what was in it is true. A discriminatory remark can be testified to prove that it was said, not that it is true.

After both sides have presented their evidence, the court will ask if there is any more evidence. The court will rarely allow more time to submit evidence. Bring all the evidence (witnesses, documents, pictures) you have the day of trial. If trial is finished that day, the court will say the evidence is closed.

The court could decide the case on the day of trial, or could take some time to decide the case. If the court decides the case on the day of trial, the court may tell the winner to write up a judgment for the court to sign, or the court may write a judgment itself. The day the court clerk makes a docket entry of the signed judgment is the day of judgment. VRCP 58.

If the court “takes the case under advisement,” and ends court for the day, that means the court will send a written decision in the mail. Before a decision is issued, you have the right to stay in the rental unit. You will owe rent for that time. If there is a Rent into Court order, you must keep paying into court.

The judgment may include the issuance of a Writ of Possession. It is still the landlord’s responsibility to serve the Writ of Possession. If a Writ of Possession is issued, it is only effective for 60 days and has to be served in that time, or it expires. VRCP 69. 12 V.S.A. § 2681. The landlord can ask the court to issue a new Writ of Possession.

If the court orders that the landlord can have possession, the court can issue a Writ of Possession on the day judgment enters. 12 V.S.A. § 4854. Within 14 days of the entry of judgment, the defendant can request a stay of the Writ of Possession, VRCP 62(a)(3)(B), and filing the Motion for Stay acts as a stay until the motion is decided. This is true even if the Writ of Possession has been served.

Once a Writ of Possession is served by the Sheriff, you have 14 days to get out. 12 V.S.A. § 4854.

If either party wants to appeal the court’s decision, a notice of appeal must be filed with the trial court within 30 days of the date of judgment. VRAP 3, 4. A filing fee must be paid and copies of the notice of appeal given to the other parties. If you cannot afford the filing fee, bring this form with you to the court house or send it to the court. Filing an appeal does not automatically stop an order for possession, VRCP 62(a), but the trial court has discretion to stop an order for possession if requested. VRCP 62(d)(3). If the trial court refuses to stay the order for possession, the defendant can ask the Supreme Court to stay it. VRCP 62(f), VRAP 8.

Remember, if the eviction is for non-payment of rent, and that is the only reason for the eviction, you can pay all rent and costs into the court and stay in the unit. You can do this at any time before the sheriff comes to put you out (before the “execution of the Writ of Possession”). Any time means: After the case is filed, after you submitted an answer, after trial, after the court’s judgment, and after issuance and service of the Writ of Possession. Learn more above, in the section called “Do you have money to pay all rent owed?”

After judgment, the court issues a Writ of Possession. The landlord gives it to the sheriff to “serve” (deliver). After the court issues a Writ of Possession, it must be served on you within 60 days or it has no legal effect. VRCP 69.

If the Writ of Possession is issued because you missed a Rent into Court payment, you have to be out seven days after service of the Writ. 12 V.S.A. § 4853a(h). If the Writ of Possession is issued after a judgment on the whole case, you have 14 days after service of the Writ to get out. 12 V.S.A. § 4854. The sheriff can “execute the Writ of Possession” by coming back to the dwelling and making sure you are out.

If you are served with a valid Writ of Possession, it is very important to know the actual date on which you are required to vacate (leave) the rental unit. You should also plan to remove your belongings. The sheriff will not help you with that.

You will have 15 days from the date that you are personally served with the Writ of Possession to remove your belongings ⁠— regardless of when you are required to vacate the rental unit. 12 V.S.A. § 4854(a).