Evicting a tenant is one of the unpleasant aspects of being a landlord. It is often the last resort when all attempts to resolve the issues with the tenant have failed. Evicting a tenant in Vermont requires adherence to the legal process and guidelines set in place by the state of Vermont. This article will guide you through the process of evicting a tenant in Vermont, from identifying the reason for eviction to serving the termination notice and appearing in court if necessary.
Know the reasons for eviction
Before you embark on the eviction process, you need to identify the reasons for eviction. The most common reasons for eviction in Vermont include non-payment of rent, violation of lease agreement terms, and illegal activities such as drug dealing and criminal activities. It is essential to ensure that the reasons for eviction are legal and supported by the state laws and the lease agreement.
Review the lease agreement
The lease agreement is a legal document that outlines the terms and conditions of your relationship with the tenant. It is essential to review the lease agreement to determine whether the violation by the tenant warrants an eviction notice. Also, ensure that the notice period required by the lease agreement before eviction is served adheres to state laws.
Remember that as a landlord, you have an obligation to provide tenants with a habitable dwelling. If a tenant reports a repair need and you fail to address it, you can not use eviction as a retaliation tactic.
Serve the Notice of Termination
Once you have established the reasons for evicting a tenant, you need to serve a Notice of Termination. In Vermont, the notice requirements depend on the reasons for eviction.
For non-payment of rent, you need to serve a 14-day Notice of Termination. The notice should indicate the amount owed and the deadline for payment. If the tenant fails to pay the rent within the notice period, the eviction process can continue.
For violation of lease agreement terms, you need to serve a 30-day Notice of Termination. The notice should outline the violations, the steps that the tenant needs to take to remedy the situation, and the deadline for compliance. If the tenant fails to comply within the 30-day period, the eviction process can proceed.
For illegal activities such as drug dealing and criminal activities, you need to serve an immediate Notice of Termination. This means that the Notice of Termination will inform the tenant that they need to vacate the premises immediately or face legal action.
Serve Notice of Rent Withholding with the Eviction Notice
If a tenant has given you written notice of a repair need to the property, and you fail to address it, they may be within their rights to withhold rent. If a tenant is withholding rent due to an unrepaired condition, include a notice warning on the eviction notice that the rent is being withheld.
Consult with a Lawyer Familiar with Vermont’s Landlord-Tenant Laws
Hiring an experienced attorney to represent you in the eviction process can be helpful, significantly if you have no experience with legal procedures. A knowledgeable lawyer can help you navigate the legal system, identify legal issues, review the lease agreement, and ensure that you follow due process. Contact the Office of the Vermont Attorney General for more resources about finding a lawyer to represent you.
File a complaint in court
If the tenant fails to comply with the Notice of Termination, you can file a complaint with the local Vermont District Court. The complaint should include the reasons for eviction, a copy of the lease agreement, and evidence that you served the tenant with the Notice of Termination. Be sure to follow the procedural rules for the court where you will be filing your complaint.
Appear in court for eviction proceedings
Once you have filed the complaint, the court will schedule a hearing where the tenant will have an opportunity to respond and defend themselves. If the court grants the eviction, the tenant will have a certain period to vacate the premises. If the tenant does not vacate within that period, the court may issue a writ of possession, which empowers the landlord to physically remove the tenant from the premises.
Conclusion
Evicting a tenant can be stressful and time-consuming; however, following the legal process and guidelines set by the state of Vermont can help to reduce the stress. It is essential to establish the reasons for eviction carefully, serve the Notice of Termination in accordance with state laws, and file a complaint in court if necessary. Consulting with an experienced lawyer can be helpful in ensuring that the eviction process follows the legal procedures. It is our hope that this article provides you with the necessary information to navigate the eviction process in Vermont.
How to evict a tenant in Vermont
Landlords are granted many rights in managing their property. When deciding how to evict a tenant in VT, you may do so for “no cause” or because of a violation of a contract. However, you must follow the proper legal steps when undertaking this action. Failure to be aware of the correct procedure for how to evict a tenant in Vermont can lead to a violation of the law, exposing you to the threat of litigation.
There are many reasons that may lead you to find out how to evict a tenant in VT. The criteria for how to evict tenants in Vermont differs in every case:
• If a tenant has failed to pay their rent at the time agreed upon in a rental contract, the proper step for how to evict a tenant in VT is to give them a written notice of your intent. In such cases, the criteria for how to evict tenants in Vermont allow this notice to take effect within 14 days of being delivered.
• When a property owner sells their building, they must give 30 days’ written notice to comply with guidelines for how to evict a tenant in Vermont. The person who buys the property will need to follow the procedure for “no cause” evictions. Guidelines for this process of how to evict a tenant in VT require 90 days’ written notice.
• Any violation of the law on the premises, such as drug trafficking, is cause for eviction. Guidelines for how to evict tenants in Vermont allow landlords to give 14 days’ written notice in such cases.
• In cases where the terms of a contract have been violated but not the law, landlords must give 30 days’ written notice to comply with laws on how to evict a tenant in VT.
• Landlords must be especially careful in following guidelines for how to evict a tenant in Vermont when doing so for “no cause.” While you may evict a tenant for no stated reason, you must give them 60 days’ written notice. If the person has been living in a property for two or more years, laws concerning how to evict tenants in Vermont require you to give at least 90 days’ written notice.
Regardless of the circumstances which lead you to find out how to evict a tenant in VT, you must not take actions which are not allowed by the law. For example, simply changing the locks on a piece of property violates laws dictating how to evict a tenant in Vermont. Without a judge’s order, you cannot proceed with the legal process for how to evict tenants in Vermont.
There is no set timeline for how long this kind of civil litigation will take to resolve. Guidelines for how to evict a tenant in Vermont allow for a written agreement to be arrived at and submitted to the court at any time before a scheduled trial date. Tenants who lose their case in court may be compelled to pay their landlords’ legal fees under the guidelines for how to evict tenants in Vermont.
