Download this document in MS Word format


AutoFill Template

H.759

Introduced by   Representatives Howard of Rutland City and DePoy of Rutland City

Referred to Committee on

Date:

Subject:  Landlord tenant; eviction; expedited

Statement of purpose:  This bill proposes to require that a writ of possession be issued in an eviction procedure based on a court finding of probable cause of drug offenses or repeated disturbances of the peace.

AN ACT RELATING TO EXPEDITED EVICTIONS FOR DRUG OFFENSES OR DISTURBING THE PEACE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  12 V.S.A. § 4854 is amended to read:

§ 4854.  JUDGMENT FOR PLAINTIFF; WRIT OF POSSESSION

(a)  If the court finds that the plaintiff is entitled to possession of the premises the plaintiff shall have judgment for possession and rents due, damages, and costs, and when a written rental agreement so provides, the court may award reasonable attorney fees.  A writ of possession shall issue ten days after the date judgment is entered, unless the court for good cause orders a stay.  The writ shall direct the sheriff of the county in which the property or a portion thereof is located to serve the writ upon the defendant and, no sooner than five days after the writ is served, to put the plaintiff into possession.

(b)  Upon a finding of probable cause that a tenant has violated chapter 84 of Title 18, related to the possession, sale, or dispensation of regulated drugs, in the rental property, or if there have been more than ten complaints against the tenant for disturbing the peace, a writ of possession shall issue immediately, unless the court orders a stay.  The writ shall direct the sheriff of the county in which the property is located to serve the writ upon the defendant and to put the plaintiff into immediate possession.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us