A Vermont eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Vermont landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of Vermont Eviction Notice Forms
Notice Form | Grounds | Curable? |
14 Day Notice To Quit | Unpaid Rent | Yes |
30 Day Notice To Comply or Vacate | Lease Violation | Yes |
14 Day Notice To Vacate | Illegal Activity | No |
30-60 Day Notice To Vacate | Monthly / Tenancy of 2 Years or Less
Sale of the Premises |
No |
Vermont 14 Day Notice To Quit
A Vermont 14 Day Notice To Quit evicts a tenant for nonpayment of rent. In Vermont, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within fourteen (14) calendar days.
Vermont 30 Day Notice To Comply or Vacate
A Vermont 30 Day Notice To Comply or Vacate demands correction of a lease violation that is “curable” i.e., the tenant gets a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusing lawful entry to the landlord. The tenant must take appropriate corrective action or move out within thirty (30) calendar days.
Vermont 14 Day Notice To Vacate
A Vermont 14 Day Notice To Vacate evicts a tenant for illegal activity, such as a crime or a significant civil violation. The tenant is not allowed a chance for corrective action, and must move out within fourteen (14) calendar days.
Vermont 30-60 Day Notice To Vacate
A Vermont 30 Day Notice To Vacate is delivered by either party to terminate a tenancy of two (2) years or less that has a written lease, including a month-to-month lease or an expired lease. A landlord who is selling the property may also use this notice to terminate a rental arrangement without a written lease, regardless of length, except for a month-to-month tenancy.
The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination. Tenancies over two (2) years, and month-to-month tenancies on an unwritten lease, require sixty (60) days of notice, instead.
How To Write an Eviction Notice in Vermont
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Calculate Expiration Date in Vermont
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
How To Serve an Eviction Notice 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.
Sources
- 1 Vermont Court Rules of Civil Procedure - Rule 6
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Computing Time. The following rules apply in computing any time period specified in these rules, in any court order, or in any applicable statute that does not specify a method of computing time.
(1)Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time: Source Link(A) exclude the day of the event that triggers the period: (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. - 2 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 - 3 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.
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