How to Stay a Sheriff Lockout During Eviction Appeals in Vermont

If you’re a renter in Vermont facing eviction, the sheriff’s lockout is one of the most stressful stages. But if you’ve appealed the eviction judgment, you may be able to delay (or "stay") the lockout while your appeal is pending. This article explains the process, relevant forms, and your rights under Vermont law—all in plain language.

Understanding Eviction Appeals and Sheriff Lockouts in Vermont

After a court grants an eviction, a landlord can request a Writ of Possession, which allows the sheriff to schedule a lockout (forced move-out). However, Vermont law gives renters the right to appeal the eviction decision. In most cases, if you appeal properly and meet legal requirements, you can ask the court to delay the lockout until the appeal is decided. This is known as a "stay of execution" of the eviction judgment.

The Vermont Courts Oversee Residential Eviction Cases

All residential eviction cases in Vermont are handled by the Vermont Superior Court – Civil Division. Appeals are processed by the same system, moving from the Civil Division to the Vermont Supreme Court if needed.

How to Request a Stay of Sheriff Lockout During an Appeal

Staying the sheriff lockout while you appeal is not automatic. You must take several specific legal actions to protect your right to remain in the home during the appeal. Here's a simple breakdown:

• File a Notice of Appeal quickly after the judgment (usually within 30 days).
• Officially request a "stay of execution" from the court.
• Follow all court rules, including any payment or bond requirements.

Forms You Need to File

• Notice of Appeal (Form 600-00028) – This is the main form to let the court and your landlord know you are appealing. You usually have 30 days to file from the judgment date.
  Example: If you lose your eviction trial on June 1, you must file the Notice of Appeal through your court by July 1.
  Download the official Notice of Appeal
• Motion for Stay of Execution – There is no specific statewide form, but you must file a written Motion (a request to the court) asking for a stay to prevent lockout during your appeal.
  Example: After submitting the Notice of Appeal, you write and file a Motion for Stay explaining why you seek to remain until the appeal finishes. Samples and instructions are available from the court clerk or Vermont Judiciary’s Motion Guidance.
• Payment or Bond (if ordered) – Vermont law may require you to pay ongoing rent into court or post a bond to qualify for a stay. The court’s order will specify if (and how much) you must pay.

Where to File and What to Expect

All forms should be submitted to the Superior Court Civil Division that handled your eviction case. After filing, give a copy to your landlord (or their attorney). The court typically schedules a short hearing on the stay request.

Your Rights and What the Law Says

Vermont eviction appeals and stays of execution are outlined in 12 V.S.A. § 4854–4857 (Writs of Possession and Appeal) and the Vermont Rules of Civil Procedure - Rule 62 (Stay of Proceedings to Enforce Judgment).

What Happens After You File

After submitting your appeal and stay motion:

• The court reviews your request and may hold a hearing.
• The judge can grant or deny the stay. If granted, the sheriff cannot remove you until the appeal is decided.
• If denied, the lockout may proceed unless you take further legal steps.

Many tenants are able to negotiate ongoing rent payments through the court to maintain the stay. Always follow court orders closely during this process.

FAQ: Staying a Sheriff Lockout Through Appeals in Vermont

1. Can I stay in my rental home during the appeal process in Vermont?
   Yes, if you request a stay of execution and the court grants it. This temporarily delays the sheriff’s lockout while your appeal is heard.
2. How long do I have to appeal an eviction judgment in Vermont?
   You must file your Notice of Appeal within 30 days of the judgment.
3. Do I have to pay rent while my appeal is pending?
   Most courts require you to pay ongoing rent (or an equivalent amount) into court during the appeal to qualify for a stay.
4. What if my stay request is denied?
   If denied, the sheriff can proceed with the lockout. You may request an emergency stay or additional relief from a higher court if time allows.
5. Where can I get forms and help with my appeal?
   Official forms and guidance are available through the Vermont Judiciary website, or by asking the civil division clerk’s office.

Conclusion: Key Takeaways for Vermont Renters

• File both a Notice of Appeal and a Motion for Stay as soon as possible to pause a sheriff's lockout during an eviction appeal.
• The Vermont Superior Court Civil Division manages all filings, hearings, and orders.
• You may be required to pay ongoing rent to the court in order to maintain your stay until the appeal concludes.

Always check official guidance and seek legal advice if possible to protect your rights during eviction.

Need Help? Resources for Renters

• Vermont Superior Court Civil Division Locations – Find your local court office
• Vermont Legal Aid – Eviction Help – Free legal advice and information for low-income renters
• Vermont Judiciary – Court resources, case status, forms, and self-help
• Vermont Statutes: Evictions Writs and Appeals

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1. 12 V.S.A. § 4854 – Stay of Execution
2. Vermont Judiciary – Forms & Self-Help
3. How to Write a Motion (Vermont Judiciary)
4. Vermont Rules of Civil Procedure, Rule 62

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