How to Handle a Commercial Eviction in Vermont
July 15, 2025

A Legal Guide for Landlords When Tenants Default

Even the best landlord-tenant relationships can run into trouble. When a commercial tenant fails to pay rent or violates the terms of the lease, landlords may need to take decisive legal action to protect their investment. While Vermont law offers clear procedures for removing a defaulting commercial tenant, the process is technical, and missteps can result in costly delays.


Step 1: Review the Lease Agreement

Before proceeding with an eviction, start by reviewing the commercial lease. Many Vermont commercial leases include provisions outlining:

  • What constitutes a default (e.g., late rent, illegal use, abandonment)
  • Required notice periods
  • Tenant remediation or cure rights
  • Acceleration clauses (allowing the landlord to demand full payment of remaining rent)

These contractual terms often dictate how and when you can initiate an eviction, and failing to follow them exactly can undermine your case in court.


Step 2: Serve the Proper Notice

In Vermont, before filing for eviction, landlords must provide written notice to the tenant. This is known as a “Notice to Quit” or “Notice of Default,” depending on the circumstance. The notice must clearly describe:

  • The nature of the default
  • Any opportunity to cure (if allowed under the lease)
  • The deadline by which the tenant must remedy the issue or vacate

In most commercial cases, the notice period is specified in the lease. If it’s not, general Vermont law applies — and timelines must be followed precisely.


Step 3: File an Eviction Action (if Necessary)

If the tenant doesn’t cure the default or refuses to vacate, the next step is filing a commercial eviction lawsuit, also known as an “ejectment action,” in the appropriate Vermont Superior Court. This lawsuit asks the court to legally terminate the lease and order the tenant to leave the premises.

Key steps in this phase include:

  • Filing the complaint
  • Having it properly served on the tenant
  • Attending court hearings
  • Obtaining a court order for possession if you prevail

Commercial evictions move faster than residential evictions in Vermont, but they still require meticulous adherence to court rules and procedures.


Step 4: Enforce the Court Order

Once the landlord wins the case, the court issues a Writ of Possession, which authorizes the sheriff to remove the tenant from the property. It is illegal under Vermont law for a landlord to lock out a tenant or remove property without this court-issued writ.

Even if the landlord is owed large sums of unpaid rent, self-eviction is not allowed. Following proper procedure is essential to avoid legal exposure and additional delays.


What About Unpaid Rent or Damages?

Along with regaining possession, landlords are entitled to pursue outstanding rent, late fees, legal costs, and other damages through the lawsuit or a separate civil action. Leases with “acceleration clauses” may allow landlords to demand the full value of unpaid future rent, but courts evaluate these terms carefully.


Working with an Attorney

Commercial evictions are rarely simple. They require careful coordination, attention to notice requirements, and sensitive handling of lease-specific terms. A commercial real estate attorney not only ensures all procedures are followed but can also help negotiate settlements that avoid costly litigation altogether. Contact Deppman Law PLC today to ensure that your next move is strategic, legally sound, and efficient. 

Protecting Your Small Business from Legal Disputes Before They Start

December 16, 2025
Running a small business involves balancing opportunity and risk. While disputes can’t always be avoided, many legal problems can be prevented with proactive planning and clear communication. Here are several ways small business owners can reduce legal risk before issues arise. Choose the Right Business Structure The legal structure of your business affects liability, taxes, and operations. Forming the right entity can help protect personal assets and clarify ownership responsibilities from the outset. Use Clear, Written Agreements Handshake deals and informal arrangements often lead to misunderstandings. Well-drafted contracts with customers, vendors, and partners help set expectations and reduce disputes over payment, performance, deliverables, or scope of work. Review Commercial Leases Carefully Commercial leases often contain long-term obligations and hidden costs. Understanding lease terms before signing can prevent costly surprises and future conflicts with landlords. Address Employment Issues Early Clear policies, proper classification of workers, and consistent practices can help prevent disputes with employees or contractors. Early legal guidance can help ensure compliance and reduce exposure. Plan for Disagreements Even healthy businesses encounter conflict. Including dispute resolution provisions in contracts and addressing issues promptly can help resolve problems before they escalate into litigation. Proactive legal planning isn’t about expecting failure—it’s about building a strong foundation that allows your business to operate with confidence and flexibility. Call Deppman Law PLC If you own or are starting a small business and want to reduce legal risk before problems arise, Deppman Law PLC can help. We work with Vermont business owners to put practical safeguards in place and address issues early. Contact Deppman Law PLC to schedule a consultation and protect your business’s future.

When Should You Talk to a Lawyer? Common Situations Where Early Advice Matters

November 17, 2025
People frequently wait to contact a lawyer until a problem feels urgent or unavoidable. By that point, costs may be higher and stress levels are often elevated. In many situations, speaking with a lawyer early can help prevent small issues from becoming much larger ones. Here are some common scenarios where early legal advice can make a meaningful difference. Before Signing a Contract Whether it’s a lease, business agreement, vendor contract, or settlement document, contracts carry long-term consequences. A quick review before signing can help identify unclear terms, unexpected obligations, or risks you may not have noticed. During Major Life Changes Events like marriage, divorce, having children, or buying property often trigger legal considerations. Early guidance can help ensure important steps—such as updating estate plans or addressing property rights—aren’t overlooked. When Starting or Growing a Business Choosing the right business structure, drafting agreements, and understanding liability risks are much easier at the beginning than after problems arise. Early legal planning can protect both personal and business assets. If a Dispute Is Developing If tensions are rising with a tenant, business partner, neighbor, or family member, early advice can help you understand your rights and avoid actions that could escalate the situation or weaken your position. After an Injury or Property Incident Whether you were injured or someone was hurt on your property, early legal input can help preserve important information and guide next steps before statements are made or deadlines are missed. Talking to a lawyer doesn’t mean you’re headed for court. In many cases, it’s about understanding your options, clarifying risks, and making informed decisions before a situation becomes more complicated. Call Deppman Law PLC If you’re facing a legal question or simply wondering whether you should speak with an attorney, Deppman Law PLC is here to help. We offer practical guidance designed to address issues early and thoughtfully. Contact Deppman Law PLC to schedule a consultation and get clear answers before problems grow.