The Vermont 60/90 day lease termination notice, in accordance with § 4467(c)(1), is a letter that is given either by the landlord or tenant to the other party. The conditions of State law require that if the tenant has been on the property for less than two (2) years that at least sixty (60) days’ notice be given, if the tenant has resided for at least two (2) years then they shall have ninety (90) days’ granted. The notice must be transferred to the other party via personal service or certified mail. How to Write Step 1 – Download the form (.PDF
Vermont Eviction Process & Laws | Free VT Eviction Notices
The Vermont thirty (30) day notice to comply or vacate, according to § 4467(b)(1), is the notice that must be served on a tenant who has committed a lease violation. The notice informs the tenant that they have 30 days to either cure the violation(s) or move out of the rental unit. The landlord can file an eviction action against the tenant if they fail to comply with the notice (i.e. they don’t remedy the violation or they fail to vacate the unit). Acceptable forms of service include personal delivery, certified mail, or the notice being posted on the premises of
The Vermont fourteen (14) day notice to vacate, in regards to § 4467(2), is the notice that must be used when a tenant has committed illegal activity on the premises of the rental property. Violent or drug-related crimes committed by a tenant are usually the reason why a landlord will issue this notice. The tenant must vacate the property within 14 days of being served the notice. If the tenant does not vacate the unit within the 14 day period, the landlord can sue them for possession of the property. Download Here: .PDF Format How to Write Step 1 – Enter
The Vermont fourteen (14) day notice to pay or quit, laws located in Section 4467(a), is the notice that is to be used when a tenant has failed to pay rent. The tenant must receive this notice (and be given the full 14 day period to pay the past due rent) before the landlord can file an eviction lawsuit in Superior Court. If the tenant fails to take action on the notice (does not pay the rent or does not move out) within the 14 day period, the landlord has the right to bring an eviction action against them. Download/Print Links: .PDF
How to Evict a Tenant (Process)
In order for a landlord to evict a tenant in Vermont, they must obtain a court order. Before an eviction lawsuit can be filed by the landlord, they must serve the tenant with the proper type of eviction notice. The type of notice that must be used depends on the reasons for the eviction. Examples of why a tenant might be evicted include nonpayment of rent, violation of the lease agreement, or expiration of the rental/lease term.
Note: The notice must be written, it cannot be verbally given to the tenant.
Step 1 – The tenant must be served with an eviction notice. If they have failed to pay rent, they must be served with a 14 day notice to pay/quit. If the tenant has committed a lease violation, the law requires that they receive a 30 day notice to comply/quit. Tenants who commit illegal/criminal activity on the premises of the rental property can be served with a 14 day notice to quit. If the landlord wants to terminate a month-to-month or “at-will” tenancy, they must serve the tenant a 60/90 day notice of termination.
Step 2 – If the tenant has not vacated the unit (or paid the past due rent, cured the lease violation, etc.) by the end of the time frame stated in the notice, the landlord can then file an eviction action (referred to in Vermont as an “Action for Possession”). Evictions in the State of Vermont are filed in the Superior Court of the rental property’s county location. After the suit has been filed, the tenant will be served a copy of the Complaint/Summons. After the tenant has received these papers, they must file a written answer within 20 days (of the service date). If the tenant fails to file a written answer within the 20 day period, the court will most likely issue a default judgement against them (awarding the landlord with possession of the property).
Step 3 – If the tenant does file an answer to the Complaint, a hearing date will be arranged. Both the landlord and tenant must show up in court on the date of the hearing. Failure of the tenant to show up will result in a default judgement being awarded to the landlord. If the landlord fails to show up, the lawsuit will most likely be dismissed. If the Judge rules in favor of the landlord, a “Writ of Possession” will be issued against the tenant. The tenant will be served with a copy of the writ by the Sheriff. The writ informs the tenant that they have 10 days to vacate the rental unit. If the tenant fails to move out of the rental unit by the end of the 10th day, the Sheriff can return and forcibly remove them from the premises.
Note: A tenant can stop an eviction suit if they pay all back rent (as well as all of the landlord’s legal fees) before the landlord regains possession of the property.