A Vermont eviction notice enables landlords to initiate tenant eviction procedures. This notice explains the violation and records how long the tenant has to respond and correct the issue. If the tenant doesn’t follow the landlord’s instructions, the landlord can file an eviction case at the Civil Division of the Superior Court.
By Type
14-Day Notice to Pay Rent or Quit
Begin evicting a tenant if they haven't paid rent on time.
30-Day Notice to Quit for Non-Compliance
Give tenants 30 days' notice before eviction can proceed in court. In that time, tenants may have the option to fix (or "cure") the problem.
14-Day Notice to Quit for Illegal Activity
Begin evicting a tenant in Vermont if they've broken the terms of your lease by engaging in illegal activity.
60-Day Notice Lease Termination
Give month-to-month tenants 60 days' notice to move out if they've lived on the property less than two years.
90-Day Notice Lease Termination
Give month-to-month tenants 90 days' notice to move out if they've lived on the property more than two years.
Eviction Laws & Requirements
- Eviction Lawsuit: 9 VSA § 4467.
- Grace Period for Rent Payment: No grace period exists — if the rent is due on the first of the month, a payment becomes late on the second, and the landlord may send a late rent notice (9 VSA § 4455).
- Late or Non-Payment of Rent Notice: 14 days (9 VSA § 4467(a)).
- Notice of Non-Compliance: 14 days for criminal activity, illegal drug activity, or acts of violence (9 VSA § 4467(b)).
- Lease Termination: 60 days for tenants who have lived there for two years or less; 90 days for tenants who have lived there more than two years (9 VSA § 4467(c)). 7 days for week-to-week tenants (9 V.S.A. § 4467(e)).
How to Evict a Tenant in Vermont
In Vermont, eviction lawsuits are governed by Title 12, Chapter 169 of the Vermont Statutes.
Step 1 – Send the Tenant an Eviction Notice
The first step in eviction is to deliver the appropriate eviction notice to your tenant. A written eviction notice must provide the tenant with information on why you’re asking them to vacate the property and what, if anything, they can do to cure the lease violations.
Step 2 – Wait for the Appropriate Period
Wait for the time indicated on the eviction notice to pass. Don’t commit any self-help eviction procedures, as these are illegal.
Step 3 – File an Eviction Complaint
If the tenant fails to respond to the notice, the landlord may file an eviction action with the Civil Division of the Superior Court where the rental property is located. The filing fee for a Vermont eviction notice will include the cost of serving the complaint and summons to the defendant.
Have an authorized person deliver the summons, complaint, and other relevant documents to the tenant, per Vt. R. Civ. P. Rule 4.
Step 4 – Gather Evidence and Attend the Eviction Hearing
After the tenant is allowed to answer the complaint, the trial court will schedule an eviction hearing. In the interim, a landlord can gather evidence to help support the request for an eviction order. If, after the hearing, the trial court issues an eviction order, the sheriff will oversee the tenant’s departure from the property.
Step 5 – Obtain an Eviction Order
If the trial court finds the evidence supports eviction under state law, it will enter judgment in the landlord’s favor. If the evidence doesn’t support eviction, the court may dismiss the case or enter judgment for the tenant. The eviction order will give the tenant a certain amount of time to vacate the property.
The court will usually set the fees for a future hearing, as it’s tough for a landlord to compute a tenant’s back rent, fees, and other costs until the unit is empty and can be inspected.
After a court enters an eviction judgment and a Writ of Possession, the landlord must request that the sheriff’s department help enforce the eviction order. Once the property has legally reverted to the landlord, the tenant must leave immediately or risk trespassing charges.
Related Court Forms
- Eviction Answer Form: Tenants use this form to respond to a landlord’s complaint when seeking an eviction. An answer is due 21 days after the complaint was served.
- Housing Discrimination Complaint Form for Vermont Human Rights Commission: Tenants can report a complaint about housing discrimination here.
