Eviction Law in Vermont
Trying to remove a tenant—whether for unpaid rent, property damage, or ongoing lease violations—can leave landlords frustrated and overwhelmed. Vermont law offers protections for tenants that may seem stacked against property owners, and even small missteps can lead to delays, dismissed cases, or unwanted legal trouble.
Whether you’re dealing with a problem tenant in Burlington or Brattleboro, take the first step now. Read through this guide—and when you’re ready, ask us for a referral to a local Vermont attorney who can help.
What Is an Eviction?
An eviction is the legal process of removing a tenant from a rental property—typically due to missed rent payments, repeated lease violations, or disruptive behavior. But in Vermont, eviction isn’t always simple. The law tends to favor tenants, and landlords must follow specific procedures to avoid having their case thrown out.
It’s important to note that not every eviction notice ends with a tenant being removed. In many cases, a formal notice simply acts as a final warning. If the tenant can pay what’s owed or correct their behavior, the eviction may be avoided altogether.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If your Vermont tenant consistently pays rent late or has stopped paying altogether, that’s more than enough reason to consider starting the eviction process. While some states give tenants extra leeway through grace periods, Vermont law is clear: habitual lateness or nonpayment can justify formal action. Chronic rent issues are a red flag that the tenant may not be able—or willing—to meet their financial obligations.
Under Vermont law, a landlord must give 14 days’ written notice before moving forward with eviction for nonpayment. This gives the tenant a final chance to catch up on what’s owed. If they pay the full past-due rent within that period, they’re allowed to stay in the rental unit. But if the deadline passes with no resolution, you have the right to proceed through the court system.
To protect your interests, it’s wise to document every step. Send “late rent” notices each time payment is missed and save copies for your records.
The Tenant Violates the Terms or Conditions of the Lease Agreement
Your lease agreement isn’t just a formality—it’s a legally binding contract that both you and your tenant must follow. If your tenant breaks the terms of that agreement, such as housing unauthorized occupants, keeping a prohibited pet, or ignoring quiet hours, you’re within your rights to issue a formal notice of eviction.
At the same time, landlords in Vermont must uphold their side of the lease. If your lease requires you to handle certain repairs or property upkeep, it’s your legal responsibility to do so. A tenant may be less cooperative—or even legally protected—if they can show you didn’t meet your obligations first.
The Tenant Damages the Property
Normal wear and tear is a part of every rental relationship. Scuffed floors and faded paint are one thing—but if your tenant is punching holes in walls, smashing windows, or ripping out fixtures, that’s something else entirely.
That said, if the tenant takes the initiative to fix minor issues or handles a small repair responsibly, you may not need to escalate the situation. But if the damage is extensive or they’ve made unauthorized changes to the property, you’re justified in serving them a notice to vacate.
The Tenant Uses the Property for Illegal Purposes
Illegal activity on your property puts you and your investment at risk. If your tenant is selling drugs, storing stolen goods, or engaging in other criminal behavior from within the unit, that’s a serious violation—and Vermont law allows you to take swift action. In most cases, you can begin eviction proceedings immediately.
Still, you need to be able to prove the behavior took place. Police reports, witness statements, or documented visits from law enforcement will strengthen your claim in court. Without evidence, an eviction based on illegal activity could be challenged.
How to Evict a Tenant in Vermont
Step 1. Check Your Local Laws
Eviction laws in Vermont come with their own set of rules and expectations—and they don’t always mirror what’s common in other states. Before you take any steps toward removing a tenant, it’s crucial to understand what’s legally allowed here. A mistake in your paperwork or your reasoning could set you back weeks, if not longer.
The Vermont Judiciary outlines several legally recognized reasons a landlord may pursue eviction. If one of these applies to your situation, it may be time to begin the process:
- The tenant has broken key terms of the lease
- You’ve decided to sell the rental property
- The tenant hasn’t paid rent as agreed
- They’ve sublet the unit without your consent
Step 2. Give a Formal Notice of Eviction
If your tenant continues to break the terms of your lease even after multiple warnings, it’s time to move from conversation to documentation. A formal eviction notice sends a clear message: this is the final opportunity to resolve the issue. The notice should spell out exactly how the tenant is in violation and what steps—if any—they can take to avoid being removed from the property.
Make sure your notice includes a firm deadline. Vermont law expects this document to state the amount owed (if rent is the issue), the specific lease terms that have been broken, and the date by which the tenant must vacate.
According to Vermont statute, an eviction notice must also include the final date the tenant has to move out. Once that deadline passes and the tenant has not left, the next step usually involves filing with the court.
Step 3. File the Eviction with the Court
Once you’ve issued a proper notice and the tenant fails to comply, the next step is to file a formal eviction complaint with the court. In Vermont, eviction cases are handled through the Civil Division of the Vermont Superior Court. After your filing, the court will set a hearing date and serve the tenant with a summons.
Step 4. Contact an Experienced Vermont Eviction Attorney and Prepare for the Hearing
Eviction hearings can become technical and highly specific. An experienced Vermont attorney can help you avoid missteps, especially if the tenant challenges your claims or alleges retaliatory conduct.
When it’s time for court, be sure to bring:
- A signed copy of the lease agreement
- A full ledger or record of rent payments
- Copies of any bounced or returned checks
- Documentation of all communications with the tenant
- A dated and detailed eviction notice
- Proof the tenant received that notice, such as certified mail receipts or signed acknowledgments
Step 5. Evict the Tenant
After a successful court ruling, the tenant will be given a specific amount of time to leave your property—usually between 48 hours and seven days, depending on the court’s decision. If the tenant still refuses to vacate after this period, you have the legal right to contact local Vermont law enforcement to carry out the eviction.
Step 6. Collect Past-Due Rent Payments
Winning the eviction case doesn’t guarantee you’ll recover the unpaid rent. Unfortunately, collecting overdue payments can take additional time and effort. Once the tenant is out, you may need to take further legal steps to collect what you’re owed—especially if the tenant has no intention of paying voluntarily.
Options for collecting unpaid rent in Vermont include:
- Hiring a licensed debt collection agency
- Filing a wage garnishment request with the court
- Pursuing garnishment of the tenant’s tax refund
- Taking the tenant to small claims court to secure a judgment
Work with an Experienced Eviction Attorney in Vermont
Tenants in Vermont often push back by claiming the landlord didn’t follow the proper steps for delivering notice or initiating the eviction. If your documentation isn’t airtight, that argument could cost you valuable time—or even the case. A skilled Vermont eviction attorney can guide you through each stage, ensuring you’ve met every legal requirement before stepping into court.
The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Vermont attorney on your side can take the pressure off your back, and help ensure a victory in court. We can even help you connect with an attorney across Vermont state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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