Summons and Complaint
Once the date in the eviction notice has passed, the next step a park owner must take to evict a tenant is to file a Complaint for Eviction in Superior Court. A Summons and Complaint is a lawsuit which asks the court to order the resident to leave the mobile home park. Usually, it also asks the court to order the resident to pay any money owed to the park owner such as unpaid lot rent.

A copy of the Summons and Complaint for Eviction must be served (delivered) to a resident by a sheriff, law enforcement officer or constable. A resident must answer the complaint in writing within 20 days beginning the day after it was served. How do I answer the complaint? You must file a written response in the Superior Court where the park owner filed the complaint. Your written response is called an "Answer."

Are you being evicted? Did you receive a Summons and Complaint? You must respond in writing before the deadline. Otherwise you will be defaulted and have to move immediately. If you are served with a Complaint for eviction, you should talk to a lawyer if you can. Call Vermont Legal Aid at (800) 889-2047 to see if you qualify for free legal help.

What Happens If You Don't Answer a Complaint for Eviction?
If you don't file your written response to the complaint within twenty days, the Court will issue a Default Judgment. A Default Judgment gives the park owner everything they want without giving you a chance to be heard. The court will issue a Writ of Possession. The sheriff will serve you with the Writ. The park owner will evict you from the lot in as little as 5 days.

Have you already received a Default Judgment? You should talk to a lawyer as soon as possible. In some cases, you may still be able to stop the eviction. Call Vermont Legal Aid at (800) 889-2047 to see if you qualify for free legal help.

Motion for Payment of Rent into Court (Rent Escrow)
Are you being evicted for not paying all of your rent? The park owner may ask the court to order you to pay your monthly lot rent as it comes due to the court clerk's office. The court may order you to pay your rent into the court. The court will only order you to pay your rent that is due after the complaint was filed. The court won't order you to pay past due or back rent that you owed before the eviction started. Did the court order you to pay your rent into Court? The court clerk will hold the money until the case is over.

Rent Escrow Hearing
Did the park owner ask the court to order you to pay rent into court? The Court will send you a notice telling you when the hearing will be. The hearing is to decide if you must pay your monthly lot rent to the court clerk. This hearing is only a hearing about whether you have to pay your lot rent to the clerk. It's not a court hearing to decide if you will be evicted from the mobile home park. At the end of the hearing, the court will make a decision about the rent. Usually the Court requires payment on the first day of the month or the day of the month that your lease says you have to pay. But if you can show that this date is unfair or not practical, the court may order a different date. Going to the rent escrow hearing is not the same as answering the complaint. Even if you go to court, you still have to file your written answer in court before the 20 days is over. You must answer the complaint or the court will issue a Default Judgment.

What Happens If I Miss a Payment of Rent into Court?
Were you ordered to pay your rent into court? Don't miss a payment or pay late! If you don't follow the court's written order exactly or you pay late or only part of your rent, the park owner can get an immediate Writ of Possession. A Default Judgment gives the park owner everything they want without giving you a chance to be heard. The court will issue a Writ of Possession. The sheriff will serve you with the Writ. The park owner will evict you from the lot in as little as 5 days.

Motion for Summary Judgment
In some cases, a park owner may file a Motion for Summary Judgment after a resident has answered the Summons and Complaint. This document asks the court to decide the case without a hearing. If you want the chance to tell your side of the story, you must file a written response to the Motion for Summary Judgment within 30 days, beginning the day after you receive it. You must send a copy of your response to the landlord and/or his/her lawyer. If you receive a Motion for Summary Judgment, you should talk to a lawyer if you can. Call Vermont Legal Aid at (800) 889-2047 to see if you qualify for free legal help.

Discovery
Sometimes, after the resident has responded to the Summons and Complaint, the park owner's lawyer will send you written questions about the case. These questions are called "Interrogatories." You must answer the interrogatories in writing within 30 days. This process of asking for answers to questions is called discovery. Did you receive interrogatories or other discovery? Call Vermont Legal Aid at (800) 889-2047 to see if you qualify for free legal help.

Trial
Did you file a written answer to the complaint? There may be several weeks before the court sets a date for trial. Sometimes this trial is called a "Merits Hearing" or "Final Hearing on the Merits." You will receive written notice from the court stating the date and time of the trial. The trial is the time when the court decides if you must move out of the park lot. This is also the time when the court will decide whether you or the park owner owes money to the other. This is when you can explain your side of the story. You may bring witnesses or evidence to help prove your case.

The Court's Decision
After the court has heard both sides of the case, it will make a decision about whether you must leave the lot. The court will also decide whether the resident owes money to the park owner or whether the park owner owes anything to the resident.

Usually the court will make its decision at the end of the trial. Sometimes the court will make a decision later and will mail its decision to both sides a short time after the hearing. The court's final decision is called a "Judgment." If the court decides you must leave, it will give the park owner a "Writ of Possession." A "Writ of Possession" is a document stating that the park owner has the right to ask the Sheriff to force you out of the mobile home park.

Did the Sheriff serve you with a Writ of Possession? The Sheriff can force you to leave within 5 business days (not counting weekends and holidays) from the date the Writ of Possession was delivered to you.

Can I Stop the Eviction?
Settlement
Sometimes you can stop an eviction before it gets decided at a trial by negotiating a settlement agreement (sometimes called a "stipulation") with the park owner. An example of a settlement might be a repayment plan where you agree to pay your monthly lot rent plus an extra amount each month for back rent. In exchange, the park owner may lower the amount of money that a resident must pay back and drop the eviction case.

Paying Up or "Curing" Nonpayment
Another way to stop an eviction for nonpayment from happening (even if the park owner still wants to evict a resident) is to "cure." "Cure" means paying all the money owed before a final judgment in the case. If you pay to the court all the money owed for back lot rent, plus the filing fee for the eviction, and any fee the park owner paid the Sheriff to serve the Summons and Complaint on you, you will be able to stop the eviction from going any further.

You can only use "cure" to stop an eviction for nonpayment. If the park owner also has said in its complaint that you violated your lease in other ways (besides not paying), then paying the rent won't stop the eviction.

Helpful Links
For more information and rules about mobile home parks, visit these helpful websites:
Mobile Home Park Statute and Rules (DHCA Website)
Vermont Department of Housing and Community Affairs
CVOEO's Mobile Home Project