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A Vermont eviction notice is a document served on a tenant by a landlord to give a warning that their lease agreement will be terminated in the number of days indicated on the notice form. The service of an eviction notice is usually the first step in the ejectment process, as it provides the tenant with the ability to either remedy the breach (if possible) or vacate without the landlord having to take matters to court. In Vermont, a tenant can be evicted for not paying their rent on time, for illegal activity conducted on the premises, or for failing to comply with a term of their lease.
In a rental arrangement wherein the tenant and landlord have no written agreement, and the payments are made monthly, the tenancy can be terminated without cause providing that enough notice is given in advance (either sixty or ninety days). If the tenant does not comply with the notice conditions by the end of the term, the landlord will have the legal right to file an ejectment suit against them.
By Type (5)
14-Day Notice to Quit for Non-Payment – The most frequently used form, this notice provides the tenant fourteen (14) days to pay rent or vacate when they haven’t paid by the due date agreed upon in the lease agreement.
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14-Day Notice to Quit for Illegal Activity – Used to terminate the lease of tenants who have committed a criminal or violent act, giving them fourteen (14) days to vacate.
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30-Day Notice to Quit for Non-Compliance – A document provided to a tenant who has breached their lease agreement to let them know that they will be evicted if they don’t remedy the breach or move out.
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60-Day Notice to Terminate Month-to-Month Lease – This notice is served on tenants without a written rental agreement when the landlord would like to terminate a tenancy that has lasted two (2) years or less.
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90-Day Notice to Terminate Month-to-Month Lease – Used to terminate a month-to-month tenancy in which there is no written agreement and the tenant has resided on the property continuously for over two (2) years.
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Contents |
Eviction Laws + Required Notices
- Grace Period (§ 4455): Not mentioned in state statutes.
- Non-Payment of Rent (§ 4467(a)): Fourteen (14) Days
- Lease Non-Compliance (§ 4467(b)(1)): Thirty (30) Days
- Periodic Tenancy Termination (§ 4467(c)(1)): Sixty (60) or Ninety (90) Days
- Illegal Activity (§ 4467(b)(2)): Fourteen (14) Days
- Intentional Damage to the Property: Not mentioned in state statutes.
How to Evict a Tenant
Vermont landlords must follow procedures when evicting tenants. They aren’t permitted to force them to vacate without a court order, and they’re not able to file for eviction without giving sufficient notice in advance. The process will vary depending on the reasons for eviction, whether for non-payment of rent or for illegal activity/lease non-compliance.
Step 1 – Notice to quit
The first step in the eviction process is the drafting and service of a notice to quit. The length of the notice period will depend on the cause for lease termination. The landlord, after completing the necessary document will need to hand-deliver it to the tenant or send it using first-class or certified mail to their address.
- 14-Day Notice to Quit for Non-Payment
- 14-Day Notice to Quit for Illegal Activity
- 30-Day Notice to Quit for Non-Compliance
- 60-Day Notice to Terminate Month-to-Month Lease
- 90-Day Notice to Terminate Month-to-Month Lease
Step 2 – Draft Eviction Complaint
The landlord must wait until the end of the notice period to allow the tenant time to fix the violation (pay rent, remedy breach) or move out of their own volition. Once the term has expired, the landlord can begin the filing process for an eviction. They will need to start by drafting an eviction complaint, through which they will be able to demand an eviction order. This document will need to include the following information:
- Rental property address
- Tenant’s name(s)
- Start date of tenancy
- The type of agreement (oral or written)
- Cost of rent and due date
- Terms of the agreement that are applicable to the eviction case
- Cause for lease termination
- Eviction notice service information
- Anything else that supports the landlord’s case
- Signature and Date
Step 3 – Filing Complaint and Requesting Summons
Once completed, the landlord will want to file the complaint with the civil division of the superior court that has jurisdiction over the property. Included with the complaint should be a copy of the lease, notice to quit, and proof of service. The landlord must pay the filing fee and file the completed complaint with all attached documents via mail or in person. Following this step, they can request a signed Summons to be served on the tenant informing them that they are being sued.
Step 4 – Motion to Pay Rent in Court (optional)
If the tenant has defaulted on their rent, the landlord can file a Motion to Pay Rent in Court to ask the court to order the tenant to pay the balance owed to a court escrow account. The landlord will want to include a signed affidavit with their filing to support their case explaining the rental situation between them and their tenant (i.e., how much rent is owed, last payment, lease agreement). After filing the motion, the court will set a rent escrow hearing which will be held separately from the eviction trial. It should be noted that the motion can be filed along with or after the complaint was filed while awaiting the tenant’s answer.
Step 5 – Serve Complaint and Summons
The landlord will need to have the summons and complaint served on the tenant by a sheriff or constable (cost will vary depending on distance traveled by the officer). Attached to the two documents should be a Self-Represented Notice of Appearance, and the Motion to Pay Rent in Court along with the court’s notice for a hearing*. After the service of the complaint and summons, the officer will complete a Sheriff’s Return of Service and return it to the landlord to be filed with the court.
*While the motion need not be served alongside the complaint, it must be served at least fourteen (14) days before the rent escrow hearing.
Step 6 – Tenant Answer
The tenant, after the service of the complaint and summons, will have twenty-one (21) days to respond with their written Answer. Failure to provide an answer to the complaint and summons will result in a default judgment against them. If the landlord filed a Motion to Pay Rent in Court, the tenant will be required to respond to that as well. It is at this point that the tenant can file a form for counterclaims to sue the landlord back should they believe that the landlord has violated their legal duties.
Step 7 – Landlord Answer to Counterclaims
If the tenant has filed a counterclaim, the landlord will be required to answer to it in the same manner that the tenant answered the complaint. The landlord must file the answer with the court and deliver it to the tenant. In Vermont, each paper filed with the court must be delivered to each party in the case. A Certificate of Service – Small Claims must be completed and filed with the court as well to prove the service of each document.
Step 8 – Rent Escrow Hearing
A rent escrow hearing will take place before the eviction trial to determine whether the tenant must pay rent to the court’s escrow account. The tenant must have filed an answer to the motion and appear before the court to avoid a default judgment in the landlord’s favor. If the judge determines that the tenant must pay the court, and the tenant misses a payment, they will usually be evicted within five (5) business days without trial.
Step 9 – Trial and Judgment
An eviction trial will be set if all parties have answered and filed the necessary paperwork. Before the trial, the landlord will be able to file a Motion for Summary Judgment or a Motion for Judgment on the Pleadings to convince the judge to rule in their favor before trial. The tenant, if this should occur, will need to respond to this motion as well to avoid a default judgment. At trial, both parties will need to plead their case, providing evidence and witnesses to strengthen their argument. If the tenant wins, they will be permitted to stay on the premises and may be able to recover attorneys’ fees. If the landlord wins, the judge will issue a Writ of Possession. This document must be served on the tenant within sixty (60) days of the judgment. Following the service of the Writ of Possession, the tenant will have fourteen (14) days to remove their belongings from the property; failure to do so will enable the landlord and sheriff to remove the belongings for them.
Court Forms + Resources
Forms
- Motion to Pay Rent in Court
- Signing: Plaintiff/Plaintiff’s Attorney
- Complaint
- Signing: Plaintiff/Plaintiff’s Attorney
- Summons
- Signing: Plaintiff’s Attorney/Court Clerk and Sheriff
- Self-Represented Notice of Appearance
- Signing: Plaintiff or Defendant
- Sheriff’s Return of Service
- Signing: Sheriff
- Answer
- Signing: Defendant/Defendant’s Attorney
- Certificate of Service
- Signing: Serving Party
- Motion for Summary Judgment
- Signing: Plaintiff/Plaintiff’s Attorney
- Motion for Judgment on the Pleadings
- Signing: Plaintiff/Plaintiff’s Attorney
- Writ of Possession
- Signing: Judge