Landlord and Tenants Rights In the State of Vermont

Before you rent or purchase property with the intent of renting in Vermont it is a good idea to familiarize yourself with the laws on eviction. Tenants and landlords both have certain rights and being familiar with the laws can make the process go smoothly. Knowing your rights can give you the upper hand if it ever comes to court proceedings.

Under the laws of Vermont, a landlord may never forcibly remove a tenant from rental property. This also includes disconnecting and essential services such as water, heat or other utilities. A landlord is also never allowed to remove tenant's personal belongings.

If a landlord wished to begin the eviction process in Vermont for failure to pay rent or because the tenant is involved in illegal activity that endangers the health or safety of other residents, a written notice must be given. The written notice is known as a Notice to Quit or a Notice of Termination of Tenancy. This notice provides the tenant with 14 days in which to pay the rental monies due or to remove themselves and their belongings from the property. The notice may be served by the landlord; it is not required to be served by an officer of the court.

If a landlord wishes to evict a tenant for a violation of the lease agreement other than failure to pay rent, the notice must allow 30 in which to vacate the rental property.

Once the time period for action has passed, if the tenant has made no effort to pay rental monies due or leave the rental property, the landlord must then pursue further actions. The landlord then needs to file a Complaint for Eviction with the Superior Court. The Complaint for Eviction must be served by a sheriff, law enforcement officer or constable to the tenant. Once the Complaint for Eviction has been received by the tenant, the tenant then has 20 days in which he must answer the complaint in writing to the Superior Court in order to be able to tell their side of the case.

Should the tenant not answer in writing after 20 days, the landlord then has the right to receive a Writ of Possession from the court. Once the landlord receives a Writ of Possession from the court, he can have the rental property back within as few as 5 days.

Should the tenant answer in writing to the Superior Court, a case will be held, generally within a few weeks. Both the landlord and the tenant will receive a notice from the court with the date of the hearing and the time. All evidence should be submitted at the time by both parties. At the conclusion of the hearing the court will make a final decision.

A tenant has the right to ask for or negotiate a settlement agreement for non payment of rent during the hearing. The court may decide to grant this at their digression. The tenant may also pay back all rent due plus court costs at this time and regardless of whether the landlord still wants to evict them or not, the tenant will be allowed to stay.

For tenants in the state of Vermont it is important to thoroughly read any papers sent by the court. Most every paper sent to tenants by the court systems in Vermont will require that a tenant answer to the Superior Court in writing. If the tenant does not answer it writing the results or the outcome could be in the landlords favor.

Whether you are a tenant or a landlord, knowing the laws of Vermont can make the eviction process smoother.