[VT] How do I evict a tenant if there is no lease?
I'm curious if I still use the notice of lease month to month termination.
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I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated. It's complex, but here is the deal.
This sounds like you may need to begin the non-renewal of tenancy process. The non-renewal of tenancy process applies to all landlords and tenants. The law does not concern itself whether the agreement is in writing or whether the tenant has paid rent. Non-renewal procedures also apply master and subtenants as well.
Vermont has some unusual rules, but the rule is:
- For tenancies with an oral agreement that has persisted for two years or LESS, a 60-day written notice is required.
- For tenancies with an oral agreement that has persisted for two years or MORE, a 90-day written notice is required.
- For tenancies with a WRITTEN agreement that has continued for two years or LESS, it’s a 30-day written notice.
- For tenancies with a WRITTEN agreement that has continued for two years or MORE, it’s 60 days. (9 VSA Section 4467(c);(d).)
I drafted all these templates so they are good.
If the person does not leave, the law allows you to THEN seek an eviction through the courts. This process takes about 10–14 days from the day you file and the constable in your county can help come evict the tenant.
Does that help clarify things? I want to make sure I didn’t leave anything out.
Also you can sue her for the money that she owes you in small claims court.
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I have a friend that has been living with me the last year and I would like to evict her, I don't have a lease with her we just had a verbal agreement.
I'm curious if I still use the notice of lease month to month termination.
I understand this must be a difficult situation. Have you given your friend any written notice to vacate the property?
Not yet, I'm preparing all the documents and want to ensure I'm using the correct ones.
How long has your friend been living with you without a formal lease agreement?
Since May 2024
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your eviction process.
Nothing else
Hello! Legal Eagle here. I'm reviewing your issue in detail. 3 quick things:
I am a real person and not AI.
I am specialized in your area, but I will clarify anything I need with you or with my resources to guarantee an accurate answer.
Sometimes, technical issues prevent me from seeing your responses. If you have not heard from me in 30 minutes, please know that I am working on those issues as soon as possible. I'm here for you.
How much rent do they pay?
$300
I'm so sorry about that! What state is this in again?
Vermont
Understood! So you're just wondering what it is you can do here, correct?
I'm wanting to give her an eviction notice for July 1, 2025 but we never had a formal lease so would I still use the Notice of Lease termination form?
She's refusing to pay an increased rent
Ok! Did you need to tell me anything else? If not, I can start with answering your question.
She also owes me $1532.16 for a MacBook I purchased through my Amazon and financed through Affirm but I have this noted out in a letter to her
Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?
Sounds good
I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated. It's complex, but here is the deal.
This sounds like you may need to begin the non-renewal of tenancy process. The non-renewal of tenancy process applies to all landlords and tenants. The law does not concern itself whether the agreement is in writing or whether the tenant has paid rent. Non-renewal procedures also apply master and subtenants as well.
Vermont has some unusual rules, but the rule is:
- For tenancies with an oral agreement that has persisted for two years or LESS, a 60-day written notice is required.
- For tenancies with an oral agreement that has persisted for two years or MORE, a 90-day written notice is required.
- For tenancies with a WRITTEN agreement that has continued for two years or LESS, it’s a 30-day written notice.
- For tenancies with a WRITTEN agreement that has continued for two years or MORE, it’s 60 days. (9 VSA Section 4467(c);(d).)
I drafted all these templates so they are good.
If the person does not leave, the law allows you to THEN seek an eviction through the courts. This process takes about 10–14 days from the day you file and the constable in your county can help come evict the tenant.
Does that help clarify things? I want to make sure I didn’t leave anything out.
Also you can sue her for the money that she owes you in small claims court.
That does, I just need the form for tenancies with an oral agreement that has persisted for two years or LESS, a 60-day written notice is required.
I want to present her with this in writing this Saturday
Sure thing!
You may want to consider writing a formal demand letter for her to vacate in this case.
I've uploaded a sample of what I am talking about.
I'll use the eForms that lead me to this chat for those thank you!
Oh ok no sweat!
Did you have any other details you needed addressed or did you have any concerns in general you still needed addressed?
Just confirming I should provide her with a Lease Non-Renewal Letter and a Demand Letter? Or are they the same?
This is what I have drafted from eForms
(File uploaded)
Sure thing!
So in this case, what you uploaded is a-ok.
Then should she not leave July 1st I would file a formal eviction with the courts?
You got it yes!
One last question: I'm 100% within my legal rights to have her leave as long as I follow the 60-day notice and provide her with the lease non-renewal letter, correct?
I don't need a specific reason to say she can no longer reside here basically
Sure! You don't need a reason. You don't have to justify why you are doing this.
Thank you so much for your help.
For sure! Did I thoroughly address your question? Did I provide top-tier service to you?
If the answer is no to either, please let me know so I can help!
You were amazing and answered all my questions and provided top-tier service!
