The cost of an eviction in Vermont for all filing, court, and service fees can vary based on service fees. Eviction cases shall be filed in the Civil Division of the Superior Court, the average cost is $445.
| Fee | Superior |
| Initial Court Filing | $295 |
| Summons Service | ~$75 |
| Counterclaim Filing (Optional) | $25+ |
| Writ of Possession Service & Execution | $75 |
| Notice of Appeal Filing (Optional) | $120 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Vermont, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Ejectment”) with the court the following business day. The filing fee for an initial Ejectment is $295[ttip number=’1′ icon=’popover-balance’]
2. Summons Service Fee
Once a Complaint is filed in Vermont, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
The Summons service fee varies by process server. For example, a sheriff can charge $75[ttip number=’2′ icon=’popover-balance’] for delivering a Summons.
3. Counterclaim Filing Fee
If a tenant believes that the landlord owes the tenant money due to the landlord’s breach of the lease, the tenant can file a Counterclaim to the court. There is a filing fee of $25 [ttip number=’3′ icon=’popover-balance’] for Counterclaims that are $500 or less or $35 [ttip number=’3′ icon=’popover-balance’]for Counterclaims that are $501 to $5,000.
4. Writ of Possession Service Fee
In Vermont, if the court rules in favor of the landlord, the court shall issue a Writ of Possession. The writ is the tenant’s final notice to vacate the premises. A sheriff must serve the Writ of Possession to the tenant. They shall charge a service fee of $75. [ttip number=’2′ icon=’popover-balance’]
If a tenant remains at the property after the Writ of Possession expires, the sheriff can remove the tenant from the premises. Once the tenant is removed, the landlord shall gain legal possession of the property. Note, the sheriff’s service fee also includes the execution fee.
5. Notice of Appeal Filing Fee
If either party chooses to file an Appeal, they may do so as long as the Notice of Appeal is filed within 30 calendar days of the judgment. The filing fee is $120.[ttip number=’4′ icon=’popover-balance’]
Sources
- 1 32 V.S.A. § 1431 (2021)
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(b)(1) Except as provided in subdivisions (2)-(7) of this subsection, prior to the entry of any cause in the Superior Court, there shall be paid to the clerk of the court for the benefit of the State a fee of $295.00 in lieu of all other fees not otherwise set forth in this section.
- 2 32 V.S.A. § 1591 (2021)
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(iii) $75.00 upon presentation of each return of service for the service of papers relating to civil suits except as provided in subdivisions (ii) and (vii) of this subdivision (1)(A);
- 3 32 V.S.A. § 1431 (2021)
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The fee for every counterclaim in small claims proceedings shall be $35.00, payable to the clerk, if the counterclaim is for more than $500.00, and $25.00 if the counterclaim is for $500.00 or less.
- 4 32 V.S.A. § 1431 (2021)
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The fee for an appeal of a magistrate’s decision or the appeal of a small claims decision in the Superior Court shall be $120.00.
