A Vermont eviction notice enables landlords to initiate tenant eviction procedures. This notice adheres to Vermont state law, outlining the eviction grounds and providing the tenant with the legally mandated timeframe to address the issue or vacate the premises.
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). However, the landlord must wait 14 days before sending an eviction notice for non-payment.
- 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 they’re being asked to vacate the property and what, if anything, they can do to cure any lease violations.
Step 2: File an Eviction Complaint
If the tenant fails to respond to the notice, the landlord may file an eviction action with the circuit court in the county 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.
Step 3: Gather Evidence and Attend the Eviction Hearing
After the tenant has been allowed to answer the complaint, the trial court will schedule a hearing on the eviction. In the interim, a landlord can gather evidence that will 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 4: Obtain an Eviction Order
If the trial court finds the evidence supports eviction under Vermont 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.
Step 5: Request Help From the Sheriff
After a court enters an eviction judgment, the landlord may 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: Used by tenants 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
- HUD Federal Housing Law Discrimination Complaint