If you own one or two rental properties and you’ve never had to remove a tenant, you may assume that an eviction is a matter of common sense: give the tenant some notice, wait a bit, and file paperwork with the court. In Vermont, that assumption can cost you months of delay and thousands of dollars in wasted rent.
Vermont’s eviction process is governed by a detailed set of statutes, and Vermont courts have made clear that landlords must follow them precisely. The Vermont Supreme Court has described the standard as requiring “punctilious compliance with all statutory eviction procedures, including notice provisions.” That is not a throwaway phrase. Vermont judges routinely dismiss eviction cases when a landlord’s notice or complaint falls short of what the law requires, even when the underlying reason for the eviction is entirely legitimate. A dismissal doesn’t just cost time. It typically means starting the entire process over, often with the tenant remaining in the unit and not paying rent the whole time.
The Basic Steps in To Start An Eviction
At a high level, a residential eviction in Vermont generally follows this sequence:
1. Notice of termination of tenancy. Before going to court, a landlord must serve a written notice that terminates the tenancy. The type of notice, the required content, the length of the notice period, and how it must be delivered all depend on the reason for the eviction (nonpayment of rent, lease violation, no-cause termination for a month-to-month tenancy, and so on). Getting the notice period or the required language wrong is one of the most common reasons an eviction case gets dismissed before it ever reaches a hearing.
2. Waiting out the notice period. The tenant then has a period of time to cure the problem (if curable) or vacate. A landlord cannot file suit before this period runs.
3. Filing the ejectment complaint. If the tenant doesn’t leave, the landlord files a complaint for ejectment in Vermont Superior Court. The complaint must be properly pled and must generally be accompanied by the correct attachments, including a copy of the notice of termination of tenancy and the lease. Missing or incomplete attachments are another frequent basis for dismissal.
Why This Trips Up Good-Faith Landlords
Most landlords who run into trouble are not trying to cut corners. They simply don’t know that Vermont treats eviction procedure as something close to strict liability: substantial compliance is not enough. A notice that states the wrong deadline, omits required statutory language, or is delivered the wrong way can be fatal to the case regardless of how clear-cut the tenant’s default may be. The same is true for a complaint that is missing a required exhibit or certificate of service. Landlords who attempt to handle an eviction without experience in this area often discover these problems only after a judge has already dismissed the case.
Where Sheehey Furlong & Behm Can Help
Sheehey Furlong & Behm attorneys Kevin Lumpkin, Brian Creech, and Renee Mobbs regularly represent landlords in Vermont eviction proceedings and appear in Vermont courts on these matters on an ongoing basis. Their experience with the procedural requirements of Vermont eviction law, from drafting a compliant notice of termination through preparing and filing the ejectment complaint, is aimed at avoiding the technical missteps that lead to dismissal and delay.
If you are facing a difficult tenant situation, or if you have already tried to handle an eviction on your own and run into a procedural obstacle, it may be worth talking to someone who handles these cases regularly.
