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Last Update June 12th, 2022
- Eviction Notice Types in Vermont
- Vermont Eviction Laws
- Vermont Eviction Process
- Vermont Eviction Notice Sample
- FAQs About Vermont Eviction Notices
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Eviction Notice Types in Vermont
To evict a tenant successfully in Vermont you must present them with the appropriate eviction notice for the circumstances. This allows you to conform to the laws in Vermont by providing a legally valid reason for the eviction and the correct amount of notice necessary under VT statutes.
Choosing the right kind of eviction notice is key to removing a tenant quickly. If you don’t follow the legally mandated rules, you may have the eviction overturned or delayed by the local courts.
As seen below, there are a few different options in Vermont when completing an eviction.
14-Day Notice to Quit (Non-Payment)
This type of eviction notice gives tenants 14 days to pay the rent or leave the property if they fail to pay within the contractually agreed time (§ 4467(a)). If the tenant still doesn’t pay or vacate after the notice period ends, the landlord can take them to court.
The eviction notice can be given as soon as the rent is late according to Vermont law (§ 4455). However, if the lease agreement provides any rental payment grace periods these must be followed as written.
14-Day Notice to Quit (Illegal Activity)
If the tenant is found to be committing illegal activity on the property the landlord can present them with a VT 14-Day Notice to Quit (§ 4467(b)(2)). This is an incurable notice which requires the tenant to remove themselves from the property within 2 weeks.
30-Day Notice to Quit (Non-Compliance)
In situations where the tenant violates the terms of the lease, landlords can issue them with a 30-Day Notice to Quit for Non-Compliance (§ 4467(b)(1)). This gives the resident a chance to correct the violation within 1 month, or to leave the premises.
This can also be issued as an unconditional notice, giving the tenant no option to correct the break in the terms. However, this is usually only done when more serious breaches of the contract occur.
60-Day Notice to Quit (Month-to-Month)
60 Day-Notice to Quit documents are used to evict month-to-month tenants who have lived on the property for under 2 years (§ 4467(c)(1)) without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property within 60 days.
90-Day Notice to Quit
90-day eviction notices are used to terminate longer tenancies that last over 2 years (§ 4467(c)(1)). This gives the tenant 3 months to move out of the property before the lease ends.
Vermont Eviction Laws
An eviction notice in Vermont is only legally valid if it provides the correct amount of notice based on the purpose of the lease termination. The reason you evict the resident must also comply with VT law.
In Vermont, you may evict someone for the following reasons:
|Non-payment of rent||14 days (§ 4467(a))|
|Illegal activity||14 days (§ 4467(b)(2))|
|Lease violations||30 days (§ 4467(b)(1))|
|Lease termination (under 2 years of residency)||60 days (§ 4467(c)(1))|
|Lease termination (over 2 years of residency)||90 days (§ 4467(c)(1))|
|Ejectment Action||(§ 4761 – 4859)|
Vermont Eviction Process
The Vermont eviction process must be followed precisely to ensure that the tenant is legally removed from the property. Therefore, the landlord must take the correct steps and follow the right procedures, as detailed by VT state law.
To correctly complete an eviction in Vermont, the landlord must do the following:
Step 1: Serve the tenant with a written statement giving a legally valid reason for the eviction and the correct amount of days’ notice for them to comply.
Step 2: If the tenant does not comply with the eviction notice, the landlord can file a Complaint for Ejectment case with a local Vermont Superior Court and a summons will be served.
Step 3: The tenant and landlord can make their case in court. The presiding judge can then decide whether the eviction can proceed or not.
Step 4: If the judge rules in the landlord’s favor and the tenant still refuses to vacate, the owner may process a Writ of Possession with the court clerk.
Step 5: When the Writ of Possession has been processed, the landlord may file the document with the county sheriff. Law enforcement will then remove the tenant and their possessions from the property.
Vermont Eviction Notice Sample
When you prepare your own Vermont eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.
FAQs About Vermont Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Vermont’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict a Tenant in Vermont?
To successfully evict a tenant in Vermont state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days to comply and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location and mailed.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor, they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How Long Does It Take to Evict a Tenant in Vermont?
The eviction process in Vermont usually takes around 2 months to complete. If a valid eviction notice is delivered, this is often enough to get the tenant to leave or cure the issue (if allowed). This can reduce the time down to as little as 14 days from when the notice has been served.
How to File for Eviction in Vermont
If a tenant doesn’t comply after being served with a legally valid Vermont eviction notice, it will be necessary to file a Complaint for Ejectment case against them. To do this, the landlord will need to visit their local VT Superior Court, file the case with the clerk of the court, and provide the following evidence:
A copy of the lease agreement
The eviction notice that has been served (including proof of service)
Proof of any violations such as photographs, police reports, or receipts
Any witnessing parties to the violations