Evicting a tenant in Vermont can take around 4 to 7 months depending on the type of eviction being filed. If tenants request a jury trial, the process can take even longer.
Grounds for an Eviction in Vermont
In Vermont, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:
- Not paying rent on time
- Staying after the lease ends
- Violating lease terms
- Selling the rental property
- Illegal activity
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 14 Days | Maybe |
| End of Lease No Lease | 30/60/90 Days | No |
| Lease Violation | 30 Days | No |
| Sale of Rental Property | 30 Days | No |
| Illegal Activity | 14 Days | No |
Nonpayment of Rent
In Vermont, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 14 days’ notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Vermont the day immediately after its due date. Vermont landlords are not required to give tenants a rent payment grace period.
If rent is due on May 1st, it will be considered late starting on May 2nd, unless the lease specifically states there is a longer grace period.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
End of Lease or No Lease
In Vermont, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, they must first terminate the tenancy by giving proper notice to move out.
For month-to-month tenants who have resided at the rental unit less than 2 years and have a written lease the landlord can provide a 30 days’ notice to vacate. For month-to-month tenants who have resided at the rental unit more than 2 years and have a written lease the landlord can provide a 60 days’ notice to vacate.
For month-to-month tenants who have resided at the rental unit less than 2 years and do not have a written lease the landlord can provide a 60 days’ notice to vacate. For month-to-month tenants who have resided at the rental unit more than 2 years and don’t have a written lease the landlord can provide a 90 days’ notice to vacate.
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In Vermont, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Vermont landlord-tenant law. To do so, the landlord can provide a 30 days’ notice to vacate. Landlords are not required to allow the tenant to fix the issue and the tenant must move out.
Examples of lease violations include:
- Having an unauthorized pet, guest or vehicle
- Parking in an unauthorized area
- Not maintaining a certain level of cleanliness
- Disrupting other tenants
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Sale of Rental Property
In Vermont, a landlord can evict a tenant if there is no written lease agreement and the rental property is being sold. To do so, landlords are required to provide their tenants with 30 days’ notice to vacate. The tenant does not have the opportunity to remain at the rental property and must move out.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Illegal Activity
In Vermont, a landlord can evict a tenant if the tenant participates in illegal activity in the rental unit or on the rental property grounds. To do so, the landlord must first give 14 days’ notice to vacate. Tenants do not have the opportunity to fix the issue and must move out.
Illegal activity includes:
- Criminal activity
- Illegal drug activity
- Violent acts that affect the health or safety of other residents
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Illegal Evictions in Vermont
In Vermont, there are a few different types of evictions that are illegal. If found liable, the landlord could be required to pay the tenant damages sustained and reasonable attorneys’ fees.
“Self-Help” Evictions
A landlord is not allowed to forcibly remove a tenant by:
- Changing the locks
- Shutting off utilities
- Removing tenant belongings
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about building, housing or health regulation to a governmental agency
- Complaining to a landlord of a lease violation
- Joining a tenant’s union or organization
In Vermont, all evictions follow the same process:
- Landlord serves tenant written notice of violations
- Landlord files complaint with court for unresolved issues
- Answer is filed
- Hearing is held and court issues judgment
- Writ of possession is issued
- Possession of property is returned to landlord
Step 1: Landlord Serves Notice To Tenant
A landlord can begin the eviction process in Vermont by serving the tenant with notice. 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.
Many Vermont properties are entitled to a minimum 30 days of advance notice before a landlord can file eviction for nonpayment of rent or other fees. This applies to residential property that was covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act. Landlords must file a certification of CARES compliance to evict.
14-Day Notice To Pay Rent or Quit
If a tenant is late on paying rent (full or partial) in Vermont, the landlord can serve them a 14-Day Notice To Pay or Quit. This notice gives the tenant 14 days to pay the entire remaining balance or vacate the premises.
30-Day Notice To Quit
For a tenant with a month-to-month lease in Vermont, the landlord must serve them a 30-Day Notice To Quit to end the tenancy. This eviction notice allows the tenant 30 days to move out.
However, for tenants that don’t pay monthly, the amount of notice differs.
Tenancy with written lease agreement:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month (Tenancy Less Than 2 Years) | 30 Days |
| Month-to-Month (Tenancy More Than 2 Years) | 60 Days |
Tenancy with no written lease agreement:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 21 Days |
| Month-to-Month (Tenancy Less Than 2 Years) | 60 Days |
| Month-to-Month (Tenancy Less Than 2 Years) | 90 Days |
30-Day Notice To Quit
In Vermont, if a tenant commits a lease violation or the owner of the dwelling unit wants to sell the rental property and the tenant has no lease, the landlord can serve them a 30-Day Notice To Quit. This eviction notice gives the tenant 30 days to move out without the chance to fix the issue.
14-Day Notice To Quit
In Vermont, if a tenant is involved with an illegal activity, the landlord can serve them a 14-Day Notice To Quit. This eviction notice gives the tenant 14 days to move out without the chance to fix the issue.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, Vermont landlords must file a complaint in the appropriate Superior Court within 60 days of the final date on the eviction notice given to tenants. A $295 filing fee is required no matter where in the state the complaint is filed.
The summons and complaint must be served on the tenant within 60 days of filing the complaint with the court, or the eviction action may be dismissed.
The summons and complaint may be served on the tenant by a sheriff, deputy, constable, or professional process server that was appointed by a judge by using any of the following methods:
- Giving a copy to the tenant in person
- Leaving a copy with someone of “suitable” age who lives on the rental premises
- By posting a copy on the rental premises
- By publication through court order
The summons and complaint must be served on the tenant within 60 days of the date the complaint was filed with the court.
Step 3: Answer is Filed
In Vermont, tenants must file an answer to the complaint within 21 days, or the court will rule in favor of the landlord. This should be clearly stated on the summons. A copy of the answer should be sent to the landlord and a certificate of service must be filed with the court.
If the tenant does not respond to every allegation in the complaint in their answer, the court may view the response as incomplete and rule in favor of the landlord.
The tenant will still need to appear for the hearing, however; or the court may still rule in favor of the landlord and evict the tenant even if the answer was filed within the 21 days.
If a motion to dismiss is filed before an answer is filed, the answer deadline is postponed until 14 days after the court decides on the motion to dismiss.
Tenants must respond to the landlord’s complaint within 21 days of receiving the summons and complaint.
Step 4: Court Holds Hearing and Issues Judgment
Vermont laws do not specify how quickly an eviction hearing must held once the tenant’s answer is filed, or once the landlord’s complaint is filed.
In some court locations, the hearing is scheduled when the complaint is filed; while in other court locations, the hearing may not be scheduled until after the court receives the tenant’s answer.
However, if either the landlord or tenant requests a jury trial, this will add more time to the process.
If the tenant fails to appear for the hearing, the judicial officer will make a ruling in favor of the landlord, and the eviction process will continue. If the judge rules in favor of the landlord at an eviction hearing, a writ of possession will be issued and the eviction process will proceed.
An opposition to the Rent Into Court may be filed by the tenant with the court a day before the hearing. Examples of why a tenant may want to file for an opposition:
- The tenant has paid rent in full.
- The tenant gave notice to the landlord that there was a violation of health or safety, and the landlord did not make the repair.
- Proper notice of the Rent Into Court wasn’t given.
A court will hold a hearing and issue a judgment within a few days of serving the tenant.
Step 5: Writ of Possession Is Issued
The writ of possession is the tenant’s final notice to leave the rental unit, and will be issued the same day as the judgment in favor of the landlord.
If the judge rules in favor of the landlord at an eviction hearing, a writ of possession may be requested by the landlord and could possibly be issued immediately, and the eviction process will proceed.
If the reason for the eviction was for nonpayment of rent, a tenant may stop the eviction process by paying all past-due rent in full, plus any interest, before the writ of possession is enforced.
The writ of possession will be issued the same day as the hearing.
Step 6: Possession of Property is Returned
A tenant has 14 days after the writ of possession is posted to move out of the rental unit.
If the eviction is for subleasing when subleasing is prohibited under the rental agreement, the tenant will only have 5 days after the writ of possession is posted to move out of the rental unit.
As noted under Step 4 above, any tenant who was ordered to make rent payments to the court and misses a payment will also have only five days once the writ of possession is posted to move out of the rental unit.
In all three scenarios, if the tenant remains in the rental unit after the deadline, the sheriff of the county will forcibly remove the tenant from the premises.
Vermont Eviction Process Timeline
In Vermont, an eviction can be completed in 4 to 7 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Vermont eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 7-90 Calendar Days |
| Court Issuing/Serving Summons | ~60 Business Days |
| Tenant Response Period | 21 Calendar Days |
| Court Ruling | 3-21 Business Days |
| Court Serving Writ of Possession | Immediately |
| Final Notice Period | 5-14 Calendar Days |
Flowchart of Vermont Eviction Process
Vermont Eviction Court Fees
The cost of an eviction in Vermont for all filing, court, and service fees can vary based on service fees. Eviction cases shall be filed in the Civil Division of the Superior Court, the average cost is $445.
| Fee | Superior |
| Initial Court Filing | $295 |
| Summons Service | ~$75 |
| Counterclaim Filing (Optional) | $25+ |
| Writ of Possession Service & Execution | $75 |
| Notice of Appeal Filing (Optional) | $120 |
Sources
- 1 9 V.S.A. §4467 (2019)
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(a) The landlord may terminate a tenancy for nonpayment of rent by providing actual notice to the tenant of the date on which the tenancy will terminate which shall be at least 14 days after the date of the actual notice…shall not terminate if the tenant pays or tenders rent due through the end of the rental period in which payment is made or tendered…
- 2 9 V.S.A. §4467 (2019)
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(e)…If there is a written rental agreement, the notice to terminate…shall be at least 30 days before the end…of the rental agreement if the tenancy has continued for two years or less…60 days before the end…of the rental agreement if the tenancy has continued for more than two years…a written week-to-week rental agreement, the notice to terminate for no cause shall be at least seven days…
- 3 9 V.S.A. §4467 (2019)
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(c)…In the absence of a written rental agreement … (1) If rent is payable on a monthly basis … (A) for tenants who have resided…for two years or less, at least 60 days…(B) for tenants who have resided…for more than two years, at least 90 days… (2) If rent is payable on a weekly basis…at least 21 days after the date of the actual notice.
- 4 9 V.S.A. §4467 (2019)
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(b) (1) The landlord may terminate a tenancy for failure of the tenant to comply with a material term of the rental agreement or with obligations imposed under this chapter by actual notice given to the tenant at least 30 days prior to the termination date specified in the notice.
- 5 9 V.S.A. §4467 (2019)
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(d) In the absence of a written rental agreement a landlord who has contracted to sell the building may terminate a tenancy by providing actual notice to the tenant of the date on which the tenancy will terminate which shall be at least 30 days after the date of the actual notice.
- 6 9 V.S.A. §4467 (2019)
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(b) (2) When termination is based on criminal activity, illegal drug activity, or acts of violence, any of which threaten the health or safety of other residents, the landlord may terminate the tenancy by providing actual notice to the tenant of the date on which the tenancy will terminate which shall be at least 14 days from the date of the actual notice.
- 7 9 V.S.A. §4465 (2020)
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(a) A landlord of a residential dwelling unit may not retaliate by establishing or changing terms of a rental agreement or by bringing or threatening to bring an action against a tenant who:
(1) has complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health regulation of a violation applicable to the premises materially affecting health and safety;
(2) has complained to the landlord of a violation of this chapter; or
(3) has organized or become a member of a tenant’s union or similar organization.
(b) If the landlord acts in violation of this section, the tenant is entitled to recover damages and reasonable attorney’s fees and has a defense in any retaliatory action for possession.
- 8 9 V.S.A. §4464 (2020)
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(a) Any tenant who sustains damage or injury as a result of an illegal eviction may bring an action for injunctive relief, damages, costs, and reasonable attorney’s fees.
(b) A court may award reasonable attorney’s fees to the landlord if, upon motion and hearing, it is determined that the action was not brought in good faith and was frivolous or intended for harassment only.
- 9 9 V.S.A. §4463 (2020)
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(a) No landlord may willfully cause, directly or indirectly, the interruption or termination of any utility service being supplied to the tenant, except for temporary interruptions for emergency repairs.
(b) No landlord may directly or indirectly deny a tenant access to and possession of the tenant’s rented or leased premises, except through proper judicial process.
(c) No landlord may directly or indirectly deny a tenant access to and possession of the tenant’s property, except through proper judicial process.
- 10 VT Rules of Civil Procedure, Rule 3 (2019)
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(a) When an action is commenced by filing, summons and complaint must be served upon the defendant within 60 days after the filing of the complaint…
- 11 VT Rules of Civil Procedure, Rule 4 (2019)
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(c) Service of all process shall be made by a sheriff or deputy sheriff, by a constable or other person authorized by law, or by some indifferent person specially appointed for that purpose by any superior judge, or a judge of the court to which it is returnable…
- 12 VT Rules of Civil Procedure, Rule 4 (2019)
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…delivering a copy…to the individual…or…leaving copies thereof at the individual’s…usual place of abode with some person of suitable age…residing therein or by delivering a copy…to an agent authorized by appointment or by law to receive service of process…The court…may order service to be made by leaving a copy…at the defendant’s dwelling house…or…by publication…if the court deems publication to be more effective.
- 13 12 V.S.A. §4773 (2019)
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…Before a writ of possession is executed, if the defendant pays into court all rent due through the end of the current rental period, including interest and the costs of suit, the action shall be discontinued…
- 14 12 V.S.A. §4854 (2019)
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If the court finds that the plaintiff is entitled to possession of the premises…A writ of possession shall issue on the date judgment is entered, unless the court for good cause orders a stay. The writ shall direct the sheriff…to serve the writ upon the defendant and, not earlier than 14 days after the writ is served, to put the plaintiff into possession.
- 15 12 V.S.A. §4853b (2019)
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(e) If the court issues judgment in favor of the plaintiff…the court shall, on the date judgment is entered, issue a writ of possession directing the sheriff of the county in which the property or a portion thereof is located to serve the writ upon the defendant and, not sooner than five days after the writ is served, to put the plaintiff into possession.
- 16 9 Vt. Stat. Ann. § 4451(1)
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“Actual notice” means receipt of written notice hand-delivered or mailed to the last known address. A rebuttable presumption that the notice was received three days after mailing is created if the sending party proves that the notice was sent by first-class or certified U.S. mail.
Source Link - 17 Vt. R. Civ. P. 9.2
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(a) Applicability. This rule applies to all actions for eviction of a tenant of residential housing based solely or in part on nonpayment of rent.
(b) Notice of Termination of Residential Tenancy.
(1) A complaint in an action to which this rule applies must contain or be accompanied by a declaration showing either compliance with the 30-day notice requirement of the CARES Act, 15 U.S.C. § 9058(c), or that the dwelling from which the plaintiff seeks to evict the tenant is not located on or in a “covered property” as defined in the CARES Act, 15 U.S.C. § 9058(a)(2).
(2) The declaration must be in the form approved by the State Court Administrator and published on the Judiciary website.
(3) The court may dismiss a case filed without the declaration.
Source Link
