Understanding Eviction Notices in Vermont
In Vermont, landlords must issue a written notice before pursuing eviction. The type of notice varies depending on the reason, such as rent non-payment or ending a lease.
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Types of Eviction Notices in Vermont
Vermont categorizes eviction notices based on the cause, whether for nonpayment, lease breach, or a no-fault termination. Each cause comes with a corresponding notice duration.
14-Day Notice to Pay Rent or Quit
Send this notice to a tenant who defaults on their rent payment. It informs them they have two weeks to make the payment in full or leave the premises per 9 V.S.A. § 4467(a). If you and the tenant agree on them making a partial payment over a specific period, they may be able to stay on the property. If the tenant ignores the notice or fails to comply, you can file an ejectment suit.
Vermont law (9 VSA § 4455) does not require a grace period for late rent. You can send a notice to pay or quit as soon as it becomes overdue.
14-Day Notice to Pay Rent or Quit
Initiate a tenant eviction if they haven't paid rent.
30-Day Notice to Quit for Non-Compliance
Vermont law (9 V.S.A. § 4467(b)(1)) requires landlords to issue a 30-day notice to quit for non-compliance. It gives tenants 30 days to address violations like noise complaints so they can remain on the premises. If the tenant doesn’t rectify the issue and stays on the property, the landlord can initiate legal action and obtain a court order for eviction.
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
If a tenant engages in illegal activity like violent behavior or drug use, you can issue a 14-day notice to quit. Per 9 V.S.A. § 4467(b)(2), the tenant won’t have any opportunity to correct the violation and must vacate the property within the 14-day notice period.
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
If a tenant has lived on your property for less than two years under a month-to-month lease, you must issue a 60-day notice to vacate per 9 V.S.A. § 4467(c)(1)(A).
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
If a tenant has lived on your property for more than two years under a month-to-month lease, they get more notice. 9 V.S.A § 4467(c)(1)(B) requires you to give at least 90 days of notice.
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.
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.
