Vermont Eviction Notice

A Vermont eviction notice is a legal document used by landlords to inform tenants of lease violations and initiate eviction procedures. Furthermore, this notice outlines the specific violation and the time frame within which the tenant must respond or remedy the issue. Additionally, if the tenant fails to comply, the landlord may proceed with filing an eviction case in the Civil Division of the Superior Court.

Types of Vermont Eviction Notices

Landlords in Vermont can utilize several types of eviction notices based on the circumstances surrounding the eviction. Moreover, each notice type specifies the grounds for eviction and the required notice period.

Short-Term Notices (14 Days)

1. 14-Day Notice to Quit (Non-Payment)

Landlords issue this notice for nonpayment of rent. Additionally, the landlord can issue this notice as soon as the rent becomes late, with no grace period. Therefore, the tenant must pay all past due rent or vacate within 14 days (9 VSA § 4467(a)).

2. 14-Day Notice to Vacate (Illegal Activity)

Landlords issue this notice for illegal activities on the property, requiring the tenant to vacate within 14 days (9 VSA § 4467(b)(2)). Consequently, this notice type addresses serious criminal violations that pose immediate risks.

Standard Notices (30 Days)

3. 30-Day Notice to Comply or Vacate

Landlords issue this notice for lease violations that are curable. Furthermore, the tenant has 30 days to correct the violation or vacate the premises (9 VSA § 4467(b)(1)). Therefore, this notice provides tenants with reasonable time to address correctable issues.

Long-Term Notices (30-90 Days)

4. 30-60 Day Notice to Vacate

Landlords use this notice to terminate month-to-month tenancies. Additionally, a 30-day notice applies to tenancies of two years or less, while a 60-day notice applies to tenancies exceeding two years (9 VSA § 4467(c)(1)). Therefore, the notice period reflects the length of the rental relationship.

5. 90-Day Notice to Vacate

Landlords issue this notice for terminating month-to-month tenancies for leases exceeding two years, providing tenants with 90 days to vacate (9 VSA § 4467(c)(1)). Moreover, this extended timeframe recognizes the established nature of longer-term rental relationships.

How to Write an Eviction Notice in Vermont

When drafting an eviction notice, landlords must include specific elements to ensure legal compliance. Furthermore, missing any required information can invalidate the notice and delay the eviction process.

Required Information Elements

Tenant and Property Information

Tenant Information: Full name and address of the tenant. Therefore, this ensures proper legal identification of all parties involved.

Violation Documentation

Lease Violation Details: Specify the lease violation and any balance due. Additionally, clear documentation helps tenants understand exactly what they need to address.

Termination Date: Clearly state the date by which the tenant must vacate or remedy the situation. Moreover, this establishes the deadline for tenant compliance or departure.

Legal Authentication Requirements

Landlord Information

Landlord Information: Include the landlord’s printed name, signature, and address. Consequently, this provides legal validation and contact information.

Service Documentation

Delivery Method: Note the date and method of delivery of the notice. Therefore, this creates a legal record of proper notice service.

How to Serve an Eviction Notice in Vermont

Landlords can deliver eviction notices using several approved methods. Additionally, proper service ensures that tenants receive adequate legal notice of the proceedings.

Acceptable Service Methods

Direct Service

Hand Delivery: Delivering the notice in person to the tenant at their last known address. Therefore, this method provides immediate confirmation of service.

Mail Service

Mailing: Sending the notice via first-class or certified mail to the tenant’s last known address. However, the law presumes receipt after three days unless proven otherwise. Furthermore, this method provides postal documentation of delivery.

Vermont Eviction Process

The eviction process in Vermont involves several sequential steps that landlords must follow precisely. Moreover, each step builds upon the previous one to create a comprehensive legal framework.

Initial Notice Phase

Step 1: Provide Notice to Tenant

Landlords must serve the appropriate eviction notice to the tenant, detailing the violation and the time frame for compliance. Additionally, this initial step establishes the legal foundation for potential court proceedings.

Step 2: Wait for the Notice Period

Landlords must wait for the specified notice period to elapse. Furthermore, they cannot engage in self-help eviction methods, which are illegal. Therefore, patience during this period is essential for legal compliance.

Court Filing Phase

Step 3: File a Complaint

If the tenant does not comply with the notice, the landlord may file a Complaint for Ejectment with the Civil Division of the Superior Court in the county where the property is located. Additionally, the filing fee is approximately $295.

Step 4: Serve the Complaint

The landlord must ensure the tenant receives service of the summons and complaint, allowing the tenant 20 days to respond. Therefore, this ensures proper legal notification of the court proceedings.

Legal Proceedings Phase

Step 5: Attend the Eviction Hearing

If the tenant fails to respond or the landlord prevails, the court will issue a Writ of Possession, allowing the landlord to regain possession of the property. Consequently, this final step ensures compliance with the court’s decision through official enforcement mechanisms.

Important Considerations

Understanding key legal requirements helps landlords navigate the eviction process successfully. Furthermore, following proper procedures protects both landlords and tenants throughout the legal proceedings.

Grace Period Information

No Grace Period: Vermont law does not provide a grace period for rent payments; rent becomes late the day after it is due (9 VSA § 4455). Therefore, landlords can begin eviction proceedings immediately when rent becomes overdue.

Legal Compliance Requirements

Legal Compliance: Landlords must follow the legal requirements for eviction notices and processes to avoid delays or legal issues. Additionally, proper compliance prevents costly mistakes and ensures successful outcomes.

Tenant Rights Protection

Tenant Protections: Tenants have certain protections under Vermont law, especially concerning foreclosures and personal property left behind after eviction. Moreover, landlords must respect these rights throughout the eviction process.

Statutes

Vt. Stat. tit. 9 § 4461(b) – Security deposits
Vt. Stat. tit. 9 § 4461(c) – Security deposits
Vt. Stat. tit. 9 § 4461(e) – Security deposits
Vt. Stat. tit. 9 § 4461(g) – Security deposits
Vt. Stat. tit. 9 § 4455(a) – Tenant obligations; payment of rent
Vt. Stat. tit. 9 § 4455(b) – Tenant obligations; payment of rent
Vt. Stat. tit. 9 § 4456(a) – Tenant obligations; use and maintenance of dwelling unit
Vt. Stat. tit. 9 § 4456(e) – Tenant obligations; use and maintenance of dwelling unit
Vt. Stat. tit. 9 § 4456 – Tenant obligations; use and maintenance of dwelling unit
Vt. Stat. tit. 9 § 4458 – Habitability; tenant remedies
Vt. Stat. tit. 9 § 4459(a) – Minor defects; repair and deduct
Vt. Stat. tit. 9 § 4462 – Abandonment; unclaimed property
Vt. Stat. tit. 9 § 4467(a) – Termination of tenancy; notice
Vt. Stat. tit. 9 § 4467(b)(1) and (2 – Termination of tenancy; notice
Vt. Stat. tit. 9 § 4467(c)(1)(B) – Termination of tenancy; notice
Vt. Stat. tit. 9 § 4467(d) – Termination of tenancy; notice
Vt. Stat. tit. 9 § 4467(e) – Termination of tenancy; notice
Vt. Stat. tit. 9 § 4467(c)(1)(A) – Termination of tenancy; notice
Vt. Stat. tit. 9 § 4467(c)(2) – Termination of tenancy; notice
Vt. Stat. tit. 9 § 4460 – Access
Vt. Stat. tit. 9 § 4457 – Landlord obligations; habitability
Vt. Stat. tit. 9 § 4465 – Retaliatory conduct prohibited
12 V.S.A. § 5531 – Rules governing procedure
Vt. Stat. tit. 9 § 4456a – Application Fees
9 V.S.A. § 4451 – Definitions
9 V.S.A. § 4463 – Illegal evictions
Vermont Department of Health’s Rental Housing Health Code – General Responsibilities

FAQs

A Vermont eviction notice is a legal document used by landlords to inform tenants of lease violations, such as non-payment of rent or other breaches of the rental agreement. It specifies the violation and the time frame the tenant has to remedy the situation or vacate the property.

In Vermont, there are several types of eviction notices, including the 14-Day Notice to Quit for non-payment of rent or illegal activity, the 30-Day Notice to Comply or Vacate for lease violations, and the 30-60 Day Notice to Vacate for terminating month-to-month tenancies, depending on the length of residency.

The response time for a tenant in Vermont varies by the type of eviction notice. For a 14-Day Notice to Quit due to non-payment or illegal activity, the tenant has 14 days to respond. For a 30-Day Notice to Comply or Vacate, the tenant has 30 days to correct the violation or vacate.

To evict a tenant in Vermont, a landlord must first serve the appropriate eviction notice. If the tenant does not comply, the landlord can file a Complaint for Ejectment with the local Superior Court. Following a court hearing, if the landlord prevails, a Writ of Possession can be issued to enforce the eviction.

No, Vermont law does not provide a grace period for rent payments. Rent is considered late the day after it is due, allowing landlords to issue a 14-Day Notice to Quit for non-payment immediately after the due date.

If a tenant does not comply with an eviction notice in Vermont, the landlord can file an eviction lawsuit, known as a Complaint for Ejectment, in the local Superior Court. The tenant will then have the opportunity to respond, and if the court rules in favor of the landlord, a Writ of Possession will be issued.

In Vermont, a landlord can serve an eviction notice by hand delivery to the tenant’s last known address or by mailing it via first-class or certified mail. The notice is considered legally served when it is received by the tenant, not when it is sent.

For month-to-month tenancies in Vermont, landlords must provide a 30-Day Notice to Vacate if the tenant has lived there for less than two years. For tenants who have lived there for more than two years, a 60-Day Notice is required.

Yes, a landlord can evict a tenant for lease violations in Vermont. If the violation is curable, the landlord must provide a 30-Day Notice to Comply or Vacate, allowing the tenant time to correct the issue. For serious violations, such as illegal activity, a 14-Day Notice to Quit can be issued without an opportunity to cure.