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Vt. Stat. Ann. tit. 12, § 4761 (2026)

When maintainable; parties

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Subchapter 001 : GENERAL PROVISIONS

(Cite as: 12 V.S.A. § 4761)
Notes of Decisions
Cited in 16 cases (10 in the last 5 years), 1964–2026 · leading case: Kellogg v. Shushereba, 2013 VT 76, 82 A.3d 1121.
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Kellogg v. Shushereba, 2013 VT 76, 82 A.3d 1121. · cites it 2× “Although plaintiff styled his action as one for eviction, it is more properly viewed as a common law action for ejectment governed by 12 V.S.A. § 4761, with such “damages” as would be due under 12 V.”
In re William J. McCarty, Jr., 2013 VT 47, 75 A.3d 589. “12 V.S.A. § 4761. The judgment must be served on the tenant, and if the tenant does not leave, the landlord may then apply to the superior court for a writ of possession.”
Anello v. Vinci, 458 A.2d 1117 (Vt. 1983). “* The usual method to eject a tenant who is wrongfully holding over after a proper notice to quit is a common law ejectment action, 12 V.S.A. § 4761, or a district court ejectment action, 12 V.”
Sullivan v. Demas, 205 A.2d 818 (Vt. 1964). “But this is not the issue that the appellant has briefed. No argument or citation of authorities appears in the brief in support of appellants’ statement that the ejectment action was wrongfully dismissed.”
Est. of Donald Crofut v. Sean Hammond, No. 23-AP-212 (Vt. May 10, 2024). · cites it 2× “446 , (explaining that in absence of landlord-tenant agreement, eviction action was “more properly viewed as a common law action for ejectment governed by 12 V.S.A. § 4761, with such ‘damages’ as would be due under 12 V.”
US Bank v. Nutting, No. 24-cv-3287 (Vt. Super. Ct. Feb. 18, 2025). · cites it 2× “Bank filed an action a complaint for possession of the property at 500 Brook Road in Strafford, Vermont under 12 V.S.A. § 4761.! It is not clear from Plaintiff's complaint if the action for possession was pursuant to 12 V.”
Kelley v. Kelley, No. 24-cv-649 (Vt. Super. Ct. May 29, 2025). · cites it 2× “Under the circumstances—specifically, the absence of binding rental agreement—the court concludes that this case should be “properly viewed as a common law action for ejectment governed by 12 V.S.A. § 4761, with such ‘damages’ as would be due under 12 V.”
Eastman v. Morrill, No. 23-cv-4564 (Vt. Super. Ct. Sept. 11, 2025). · cites it 2× “In the absence of a binding agreement setting forth the terms of defendants’ occupancy, the court concludes that this case should be “properly viewed as a common law action for ejectment governed by 12 V.S.A. § 4761, with such ‘damages' as would be due under 12 V.”
In re Woods, 330 A.2d 94 (Vt. 1974). “The grievance procedures explain that the rights of both the Authority and the claimant are not affected by the decision of the Review Board.”
tolstoi v. worth, No. 23-cv-1292 (Vt. Super. Ct. Dec. 14, 2023). “Filed Date: May 12, 2023 This is an eviction action filed pursuant to 12 V.S.A. § 4761. Plaintiff Landlord Hilarie Tolstoi seeks to evict Defendant Tenant April Worth from her rental property in Rutland, Vermont, which is a federally subsidized, “Section 8” apartment.”
bogie v. whitcomb, No. 23-cv-4828 (Vt. Super. Ct. Mar. 15, 2024). “12 V.S.A. §§ 4761, et sec. But the right to seek the remedy of ejectment requires a landlord to first terminate the tenancy.”
Morrissey v. Wood, No. 24-cv-4467 (Vt. Super. Ct. Feb. 18, 2025). “Plaintiff John Morrissey filed the present verified complaint seeking ejectment under 12 V.S.A. § 4761 based on termination of Defendant Wood’s tenancy of a dwelling unit located at 1453 Chelsea Road in Williamstown, Vermont.”
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