The Vermont eviction notice forms are to be used by the landlord as a first step in the eviction process. Notice must be given to the tenant that he or she is not paying rent or is engaging in other activity in breach of the lease before action can be taken in court. If landlord provides proper notice and the tenant does not respond in the time provided, landlord may then go to the local Vermont Superior Court, Civil Division to file a complaint for ejectment. After the tenant is served, he or she has 20 days to file an answer. If the landlord prevails, the court will issue a Writ of Possession which will entitle landlord to the premises.
Notices By Type
14-Day Notice to Quit (Non-Payment) – This notice is required in the event that tenant has failed to pay rent. The tenant will have 14 days to pay before the landlord can begin court proceedings.
14-Day Notice to Quit (Criminal Activity) – This notice is required in the event that the tenant is engaging in illegal activity on the premises and landlord seeks to have the tenant removed. If tenant fails to move after 14 days, only then may a landlord go to court to seek ejectment.
30-Day Notice to Quit (Non-Compliance) – If a tenant is breaching any other term of the lease, landlord must give him or her 30 days to rectify the problem or move out.
60-90-Day Notice to Quit (Month to Month Tenancy) – If there is a month to month tenancy and landlord want to end it, the landlord must provide 60 days notice if the tenant has not been living at the premises for more than two years. If the tenant has been living there for more than two years, landlord must give 90 days notice.
When is Rent Due
Rent is due on the day set forth in the lease agreement between the tenant and the landlord, however, landlord has to give a tenant fourteen (14) days notice to pay before he or she can start the eviction process.
How to Evict (Process)
Step 1 – The first step in the eviction process is to provide proper notice to the tenant that there is a problem, either with not paying rent, or breaching a lease, or letting them know that the tenancy is coming to an end. Notice must state what the problem is and the date that of the termination (end of notice period. Depending on your needs,, the following are the types of notice a landlord may give in Vermont:
- 14-Day Notice to Quit (Non-Payment)
- 14-Day Notice to Quit (Criminal Activity)
- 30-Day Notice to Quit (Non-Compliance)
- 60-90-Day Notice to Quit (Month to Month Tenancy)
Step 2 – If the tenant fails to respond to the notice within the time allotted, the landlord may proceed to the Vermont Superior Court, Civil Division in the county in which the property is located and file a Summons and Complaint with the clerk. The complaint is called a Complaint for Ejectment.
Step 3 – The Summons and Complaint must be served on the tenant and the tenant will have 20 days to answer. If the tenant does not answer or the landlord otherwise prevails, then the court will issue a Writ of Possession at which point the tenant will be obligated to vacate the premises.