12 V.S.A. § ___ § 4851
Issuance of process by Superior judge
Operative Text
When the lessee of lands or tenements, either by parole or written lease, or a person holding under the lease, holds possession of the demised premises without right, after the termination of the lease by its own limitation or after breach of a stipulation contained in the lease by the lessee or a person holding under the lessee, the person entitled to the possession of the premises may have from the presiding judge of the Superior Court a writ to restore him or her to the possession thereof. (Amended 1971, No. 185 (Adj. Sess.), § 138, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 28, eff. April 9, 1974; 1989, No. 221 (Adj. Sess.), § 7, eff. Oct. 1, 1990.)
Under 12 V.S.A. ch. 169 § 4851, Vermont law establishes a formal legal mechanism for recovering possession of rented property when a tenant or someone holding under a tenant remains on the premises without a legal right to do so. This situation can arise either because the lease has expired by its own terms or because the tenant or an occupant has violated a condition of the lease. In either case, the party entitled to possession may seek a writ from a presiding judge of the Vermont Superior Court to restore them to possession of the property.
Plain English — not legal advice.
Under 12 V.S.A. ch. 169 § 4851, property owners and managers who need to reclaim possession of rented premises after a lease has ended by its own terms, or after a lease condition has been breached, have a recognized legal pathway through the Vermont Superior Court. A compliant operator generally documents the lease terms, the date of termination or the nature of the breach, and the occupant's continued presence before pursuing a court-issued writ. Seeking guidance from a Vermont-licensed attorney familiar with landlord-tenant proceedings is a common step operators take before initiating this process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
12 V.S.A. ch. 169 § 4851 governs the circumstances under which a landlord may seek a Superior Court writ to remove an occupant from rented premises, specifically when the lease has ended or a lease condition has allegedly been violated. Tenants facing such proceedings generally have the opportunity to appear before the court and contest whether the lease actually terminated, whether a breach truly occurred, or whether the breach was cured. Tenant-rights organizations in Vermont and Vermont Legal Aid can help occupants understand what defenses or responses may be available in a Superior Court proceeding brought under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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