Vermont Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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Criminal - Complaints
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Control #:
US-03314BG
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Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

If a landlord breaches a tenant's right to privacy and peaceful and quiet enjoyment of the apartment, the landlord could be sued for damages in extreme cases, and in addition could be cited by the police for unlawful trespass. In Vermont state law, see: (V.S.A., TITLE 9, Chapter 137, § 4460.

Some landlords require first and last month's rent as well as a security deposit. Except in Burlington and Barre, it is legal for the landlord to ask for advance payment of rent. Will you pay for heat? You don't get to pick the kind of furnace or fuel, the landlord does.

Tenants are entitled to the "quiet enjoyment" of their rental property, and are entitled to their privacy. For this reason, during a tenancy, landlords generally must have a tenant's permission before entering a rented property. By law, tenants must not unreasonably withhold permission.

Before you file an eviction case in court, you must give the tenant written notice that you are ending the tenancy. If the tenant does not leave, you can only evict them if you get a court order. You may not change the locks or remove their things without a court order.

§ 4460. (c) A landlord may only enter the dwelling unit without consent or notice when the landlord has a reasonable belief that there is imminent danger to any person or to property. (Added 1985, No. 175 (Adj. Sess.), § 1.)

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