In Vermont, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Vermont?
In Vermont, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Vermont?
In Vermont, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 14 Day Notice to Quit for nonpayment of rent, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Vermont, rent is late starting the day after it’s due.
Acceptable Forms of Service in Vermont
Vermont landlords may deliver an eviction notice in writing, using any of these methods:
- Hand delivery to the other party, at the other party’s last known address
- Mailing to the other party’s last known address, by first-class or certified mail
With mailed notice, Vermont law presumes the receiving party has received it after three (3) calendar days, unless there is evidence to the contrary.
Obtaining Proof of Service in Vermont
Landlords can show proof that the notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- First Class Mail – certificate of mailing and completing a Declaration of Service
Vermont Eviction & Lease Termination Notice Forms
| Notice Form | Grounds |
| 14 Day Notice To Quit | Eviction for Unpaid Rent |
| 30 Day Notice To Comply or Vacate | Eviction for Lease Violation |
| 14 Day Notice To Vacate | Eviction for Illegal Activity |
| 7 Day Notice To Vacate | End Weekly Tenancy – (Written Lease)
End Weekly Lease – (Shared Dwelling) |
| 15 Day Notice To Vacate | End Monthly Lease – (Shared Dwelling) |
| 21 Day Notice To Vacate | End Weekly Tenancy – (No Written Lease) |
| 30 Day Notice To Vacate | End Monthly / Tenancy of 2 Years or Less (Written Lease) |
| 60 Day Notice To Vacate | End Tenancy of 2 Years or Less
(No Written Lease) End Tenancy of More than 2 Years (Written Lease) |
| 90 Day Notice To Vacate | End Tenancy of More than 2 Years
(No Written Lease) |
Sources
- 1 Vermont Court Rules of Civil Procedure - Rule 4
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Personal Service Within the State. The summons and complaint shall be served together. Personal service within the state shall be made as follows:
(1) Upon an individual by delivering a copy of the summons and of the complaint to the individual personally or by leaving copies thereof at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process, provided that if the agent is one designated by statute to receive service, such further notice as the statute requires shall be given. The court, on motion, upon a showing that service as prescribed above cannot be made with due diligence, may order service to be made by leaving a copy of the summons and of the complaint at the defendant’s dwelling house or usual place of abode, or to be made by publication pursuant to subdivision (g) of this rule, if the court deems publication to be more effective. Source Link - 2 Vermont Court Rules of Civil Procedure - Rule 6(e)
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(e) Additional Time After Certain Kinds of Service. When a party may or must act within a specified time after being served and service is made under Rule 5(b)(2) (mailing), (3) (leaving with the clerk), or (4) (sending by electronic means), 3 days are added after the period would otherwise expire under Rule 6(a).
Source Link
