General Provisions

V.S.A. tit. 12, ch. 169, subch. 1

in effect

12 V.S.A. § 4761 When maintainable; parties

4761. When maintainable; parties A person having claim to the seisin or possession of lands, tenements, or hereditaments shall have an action of ejectment, according to the nature of the case, which shall be brought as well against the landlord, if any, as against the tenant in possession of the premises, or against a person that is occupying a dwelling unit, for which subleasing is prohibited pursuant to a written rental agreement, without right or permission pursuant to 9 V.S.A. § 4456b(a)(2); and, if otherwise brought, on motion, the same shall be abated. Tenants in common of lands may join in an action concerning their common interest in such lands. Amended 2015, No. 126 (Adj. Sess.), § 4.

12 V.S.A. § 4762 When judgment shall not prejudice landlord

4762. When judgment shall not prejudice landlord When the plaintiff neglects to join the landlord, if any, with the tenant in such action, or by collusion with the tenant recovers judgment against him or her for the seisin of lands, such landlord shall not be prejudiced thereby, but shall be held to have the prior possession in a trial thereafter had of his or her right to such lands against the person so recovering, or a person deriving claim from him or her.

12 V.S.A. § 4763 When all tenants are not sued; disclaimer

4763. When all tenants are not sued; disclaimer The writ in the action of ejectment shall not abate because all the tenants are not sued, but those on whom service is made shall answer for such part of the premises only as they set forth in their answer, and disclaim as to the remainder. If a defendant disclaims as to the whole, he or she shall recover his or her costs, unless the plaintiff proves such defendant in possession of all or part of the premises demanded at the commencement of the action.

12 V.S.A. § 4764 Recovery according to right

4764. Recovery according to right On trial in an action of ejectment, the plaintiff shall recover on the merits, according to his or her right.

12 V.S.A. § 4765 Damages; transfer of title pending action

4765. Damages; transfer of title pending action If judgment is rendered for the plaintiff in an action of ejectment, he or she shall recover his or her damages and the seisin and possession of the premises. If the title of the plaintiff expires or is conveyed by him or her after the commencement of such action, the suit shall not thereby fail, but the plaintiff may recover judgment for his or her damages for the detention of the premises during the continuance of his or her title, with costs.

12 V.S.A. § 4766 Effect of judgment

4766. Effect of judgment While remaining in force, the judgment recovered in an action of ejectment shall be conclusive against the parties thereto, their heirs, and assigns.

12 V.S.A. § 4773 Ejectment for nonpayment of rent; proof; payment

4773. Ejectment for nonpayment of rent; proof; payment In actions of ejectment for nonpayment of rent, the plaintiff shall not be required to prove a demand of the rent in arrear or a stipulation for reentry on nonpayment of rent or a reentry on the premises, but shall recover judgment as if the rent in arrear had been demanded and reentry made. Before a writ of possession is executed, if the defendant pays into court all rent due through the end of the current rental period, including interest and the costs of suit, the action shall be discontinued. A defendant may not defeat an ejectment action by payment of all rent in arrears, interest, and court costs more than one time in 12 months. The 12-month period shall begin on the day the payment is made. Amended 2007, No. 176 (Adj. Sess.), § 50.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/12/169Fetched: 10/21/2026