Vermont Eviction Notice
A Vermont eviction notice is a legal document used by landlords to inform tenants of lease violations and initiate eviction procedures. This notice outlines the specific violation and the time frame within which the tenant must respond or remedy the issue. If the tenant fails to comply, the landlord may proceed with filing an eviction case in the Civil Division of the Superior Court.
Vermont Eviction Notice
Types of Vermont Eviction Notices
Landlords in Vermont can utilize several types of eviction notices based on the circumstances surrounding the eviction. Each notice type specifies the grounds for eviction and the required notice period:
-
14-Day Notice to Quit (Non-Payment):
Issued for nonpayment of rent. The landlord can issue this notice as soon as the rent is late, with no grace period. The tenant must pay all past due rent or vacate within 14 days (9 VSA § 4467(a)).
-
14-Day Notice to Vacate (Illegal Activity):
Issued for illegal activities on the property, requiring the tenant to vacate within 14 days (9 VSA § 4467(b)(2)).
-
30-Day Notice to Comply or Vacate:
Issued for lease violations that are curable. The tenant has 30 days to correct the violation or vacate the premises (9 VSA § 4467(b)(1)).
-
30-60 Day Notice to Vacate:
Used to terminate month-to-month tenancies. A 30-day notice is required for tenancies of two years or less, while a 60-day notice is necessary for tenancies exceeding two years (9 VSA § 4467(c)(1)).
-
90-Day Notice to Vacate:
Issued for terminating month-to-month tenancies for leases exceeding two years, providing tenants with 90 days to vacate (9 VSA § 4467(c)(1)).
How to Write an Eviction Notice in Vermont
When drafting an eviction notice, landlords must include the following elements:
- Tenant Information: Full name and address of the tenant.
- Lease Violation Details: Specify the lease violation and any balance due.
- Termination Date: Clearly state the date by which the tenant must vacate or remedy the situation.
- Landlord Information: Include the landlord’s printed name, signature, and address.
- Delivery Method: Note the date and method of delivery of the notice.
How to Serve an Eviction Notice in Vermont
Landlords can deliver eviction notices using the following methods:
- Hand Delivery: Delivering the notice in person to the tenant at their last known address.
- Mailing: Sending the notice via first-class or certified mail to the tenant’s last known address. The law presumes receipt after three days unless proven otherwise.
Vermont Eviction Process
The eviction process in Vermont involves several steps:
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.
Step 2: Wait for the Notice Period
Landlords must wait for the specified notice period to elapse. They cannot engage in self-help eviction methods, which are illegal.
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. The filing fee is approximately $295.
Step 4: Serve the Complaint
The landlord must ensure the tenant is served with the summons and complaint, allowing the tenant 20 days to respond.
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.
Important Considerations
- No Grace Period: Vermont law does not provide a grace period for rent payments; rent is considered late the day after it is due (9 VSA § 4455).
- Legal Compliance: It is crucial for landlords to follow the legal requirements for eviction notices and processes to avoid delays or legal issues.
- Tenant Protections: Tenants have certain protections under Vermont law, especially concerning foreclosures and personal property left behind after eviction.
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
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.