A Vermont eviction notice must give you between 14 and 90 days of written warning before your tenancy ends, with the exact length depending on why the landlord is terminating and how long you have lived in the unit. The notice by itself does not remove you. If you stay past the termination date, the landlord has to file a case in Vermont Superior Court and get a judge’s order before you can be forced out.
How Much Notice Your Landlord Must Give
Vermont’s notice periods are set by 9 V.S.A. § 4467, and the reason for the termination controls the clock.1Vermont General Assembly. Vermont Code 9 VSA 4467 – Termination of Tenancy; Notice A notice that gives you less time than the statute requires is defective and can be challenged.
Nonpayment of Rent: 14 Days
If you are behind on rent, the landlord must give at least 14 days of actual notice. You have the right to stop the termination by paying all rent owed through the end of the current rental period before the termination date. Pay in full and on time, and the tenancy continues as if the notice had never been served.
Lease Violation: 30 Days
For a material breach of the rental agreement, such as unauthorized pets or property damage, the notice period is at least 30 days. Vermont law does not give tenants an automatic right to cure a lease violation the way it does for unpaid rent.
Criminal Activity or Violence: 14 Days
When the termination is based on criminal activity, illegal drug activity, or acts of violence that threaten other residents’ health or safety, the required notice is at least 14 days. Some notices and online guides cite 7 days for this situation; the statute says 14.
No-Cause Termination: 60 or 90 Days
For a month-to-month tenancy with no written lease, the landlord can end the arrangement without citing fault, but the notice period depends on how long you have lived there:
- Two years or less in the unit: at least 60 days of actual notice.
- More than two years: at least 90 days.
A written lease with a fixed end date generally cannot be ended for no cause before that date arrives.
Sale of the Property: 30 Days
If the landlord has signed a contract to sell the rental property, the termination notice must give at least 30 days. Mailed notices need a few extra days built in because of how delivery is counted.
What a Valid Notice Must Say and How It Must Be Delivered
The statute’s content requirements are narrower than many tenants expect. The notice must clearly state the termination date. A well-drafted notice will also name the tenants, identify the rental address, give the date the notice was issued, and state the reason for termination. For a nonpayment notice, the landlord should list the exact amount owed through the end of the rental period so you know what it would take to cure.
Delivery is governed by Vermont’s definition of “actual notice” in 9 V.S.A. § 4451. The notice must be either hand-delivered or mailed to your last known address. When the landlord uses first-class or certified mail, the law presumes you received it three days after mailing, and that presumption is why a mailed notice has to go out earlier than the bare minimum notice period would suggest.
The notice period starts the day after you receive the document, not the day it was signed or mailed. Landlords who count from the wrong day end up with notices that fall short of the statutory minimum, and courts have thrown out evictions on exactly that mistake.
What Happens After the Termination Date
A termination notice does not evict you. It ends the tenancy as of the termination date. If you remain in the unit after that date, the landlord has to file an eviction complaint in Vermont Superior Court and obtain a court order for possession. The landlord cannot change the locks, remove your belongings, or shut off utilities to force you out.
The landlord also faces a deadline. The eviction complaint has to be filed no later than 60 days after the termination date in the notice. Miss that window and the notice expires; the process has to start over with a new notice.
Once the complaint is filed, you will be served with the complaint and a summons, usually by a sheriff. You then have 21 days to file a written answer. If back rent is at issue, the landlord can ask the court to order you to pay ongoing rent into the court while the case is pending, and failure to make those payments can lead to an immediate writ of possession.2Vermont General Assembly. Vermont Code 12 VSA 4853a – Rent Paid Into Court If the court rules for the landlord, it issues a writ of possession; after a sheriff serves the writ, you have 14 days to leave, and 15 days to remove your belongings.
Defenses You Can Raise
Receiving a notice is not the end of the story. Vermont law gives tenants several defenses that can delay or defeat an eviction.
Paying to Cure Nonpayment
For a nonpayment termination, paying all rent owed through the end of the rental period before the termination date cancels the notice. This cure right is written into the statute and applies every time a nonpayment notice is served.
Defective Notice
A notice with the wrong termination date, too short a notice period, or improper delivery can be challenged in court. If the notice fails to meet the statute, the landlord may have to start over.
Retaliation
Vermont bars landlords from terminating a tenancy to retaliate against a tenant who has reported health or safety violations to a government agency, complained to the landlord about housing code problems, or joined a tenants’ organization. If the landlord serves a termination notice for any reason other than nonpayment within 90 days after a government agency has notified the landlord of a health or safety violation at the property, the law presumes the eviction is retaliatory and puts the burden on the landlord to prove otherwise. A tenant who wins on this defense can recover damages and reasonable attorney’s fees.3Vermont General Assembly. Vermont Code 9 VSA 4465 – Retaliatory Conduct Prohibited
Discrimination
Federal fair housing law prohibits evictions motivated by race, color, national origin, religion, sex, familial status, or disability.4HUD.gov. Housing Discrimination Under the Fair Housing Act A no-cause termination can still be challenged as discriminatory even though the landlord was not required to state a reason.
Lockouts and Utility Shutoffs Are Illegal
Vermont flatly prohibits self-help eviction. Your landlord cannot shut off your utilities, change the locks, remove doors or windows, or physically block you from entering the unit, no matter how far behind you are on rent or how urgently the landlord wants the property back.5Vermont General Assembly. Vermont Code 9 VSA 4463 – Illegal Evictions The only legal way to remove a tenant is through a court order. A landlord who tries any of these tactics can be held liable for your damages, including the cost of temporary housing, moving expenses, and attorney’s fees.
Extra Protections for Section 8 and Military Tenants
If you have a Section 8 housing choice voucher, the landlord has to send a copy of the termination notice to the local public housing authority as well as to you, and must follow any notice provisions in the Section 8 tenancy addendum attached to your lease. When the landlord files in court, the lease, the tenancy addendum, and the termination notice all have to be attached to the complaint.
Active-duty service members and their dependents are covered by the federal Servicemembers Civil Relief Act. For a residence used primarily as a home, with rent below a federally set threshold that adjusts each year, a landlord cannot evict a covered service member without first obtaining a court order.