Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 4852 (2026)

✓ current as of May 2026

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Subchapter 003 : SUPERIOR COURT EJECTMENT

(Cite as: 12 V.S.A. § 4852)

§ 4852. Mode of process; declaration; trial by jury

The process may issue as a summons or writ of attachment, requiring the defendant to appear and answer to the complaint of the plaintiff which shall state that the defendant is in the possession of the lands or tenements in question (describing them), which the tenant holds unlawfully and against the right of the plaintiff. A copy of the rental agreement, if any, and any notice to terminate the defendant’s tenancy shall be attached to the complaint. Either party shall have the right to a trial by jury. (Amended 1971, No. 185 (Adj. Sess.), § 139, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 29, eff. April 9, 1974; 1999, No. 115 (Adj. Sess.), § 9.)

Notes of Decisions

Cited in 8 cases (4 in the last 5 years), 2005–2026 · leading case: Shires Hous., Inc. v. Carolyn S. Brown & William A. Shepard, II, 172 A.3d 1215 (Vt. 2017).

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Shires Hous., Inc. v. Carolyn S. Brown & William A. Shepard, II, 172 A.3d 1215 (Vt. 2017). · cites it 3× “§ 6204(c) (applying 12 V.S.A. § 4852 to rental of mobile homes).”

Estella McClellan, Adm'r of the Est. of Betty Jo McClellan v. Jeffrey E. Haddock, M.D. & Thomas Chittenden Health Ctr., PLC, 2017 VT 13 (Vt. 2017). · cites it 2× “, 12 V.S.A. § 4852 (providing that, in action for ejectment, “[a] copy of the rental agreement, if any, and any notice to terminate the defendant’s tenancy shall be attached to the complaint”); V.”

Andrus v. Dunbar, 2005 VT 48 (Vt. 2005). “Landlord was required to attach the notices to terminate to his complaint, 12 V.S.A. §4852, and did so. Tenant’s motion challenged the sufficiency of those notices.”

Deblasio v. Hathaway (Vt. Super. Ct. 2026). · cites it 4× “Reading these statutory requirements together, the outcome of the pending motion depends on whether Deblasio’s attaching the 2016 lease to his complaint complied with 12 V.S.A. § 4852. If it did not, he did not timely commence this case under 9 V.”

Pe1 Hous. v. Damon (Vt. Super. Ct. 2026). · cites it 4× “Defendant argues that the complaint in this matter did not include necessary addenda such as the Low Income Lease Rider and the House Rules.”

Moorcroft v. Severance (Vt. Super. Ct. 2018). · cites it 2× “While Jim made reference to various requests he made to John to vacate the property, since the RFA expired, no proof of any written termination notice was attached to his complaint (12 V.S.A. section 4852), or introduced into evidence at trial.”

tolstoi v. wilson (Vt. Super. Ct. 2024). “§ 4467(a), and to the eviction complaint that is ﬁled in accordance with 12 V.S.A. § 4852. In this particular case, plaintiff gave the public housing agency a copy of the notice of termination, but did not also provide the agency with a copy of the complaint.”

Pe2 Hous. v. Baker (Vt. Super. Ct. 2026). “At hearing Defendant noted that a lease is a contract6 and that to allow a landlord to materially alter the provisions of such a contract during the term of the lease would be unlawful.”

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