Eviction Notice & Unlawful Detainer Complaint

VERMONT TERMINATION NOTICE AND EJECTMENT (EVICTION) COMPLAINT PACKAGE

TABLE OF CONTENTS

1. Package Overview
2. Part A — Notice of Termination of Tenancy (9 V.S.A. § 4467)
3. Part B — Certificate of Service of Notice
4. Part C — Complaint for Ejectment (Eviction) (12 V.S.A. ch. 169; 9 V.S.A. § 4468)
5. Part D — Verification
6. Part E — Servicemember (Military) Affidavit
7. Vermont Practice Notes
8. Sources and References

1. PACKAGE OVERVIEW

This package contains (a) the pre-suit Notice of Termination of Tenancy required by 9 V.S.A. § 4467, and (b) the Complaint for Ejectment (Eviction) filed in the Civil Division of the Vermont Superior Court for the county (unit) where the property is located, under 12 V.S.A. ch. 169 and 9 V.S.A. § 4468.

Vermont terminations use "actual notice" — written notice hand-delivered or mailed to the tenant's last known address (9 V.S.A. § 4451). Door-posting alone is not an authorized method of giving the pre-suit notice. The notice must be in writing, state the grounds, and specifically state the termination date (§ 4467(f)).

The landlord cannot remove a tenant on the notice alone. Self-help recovery of possession — changing locks, shutting off utilities, removing belongings — is prohibited (9 V.S.A. § 4463); only a court order may remove a tenant. A notice is insufficient to support a judgment unless the eviction is commenced within 60 days after the termination date in the notice (9 V.S.A. § 4468).

Notice periods at a glance (9 V.S.A. § 4467):

2. PART A — NOTICE OF TERMINATION OF TENANCY (9 V.S.A. § 4467)

[CHECK ONE — select the statutory ground and notice period]

• ☐ 14-DAY NOTICE — NONPAYMENT OF RENT (9 V.S.A. § 4467(a))
• ☐ 30-DAY NOTICE — BREACH OF RENTAL AGREEMENT (9 V.S.A. § 4467(b)(1))
• ☐ 14-DAY NOTICE — CRIMINAL / ILLEGAL-DRUG ACTIVITY / VIOLENCE (9 V.S.A. § 4467(b)(2))
• ☐ 60-DAY NOTICE — NO CAUSE, NO WRITTEN AGREEMENT, MONTHLY, ≤ 2 YEARS (9 V.S.A. § 4467(c)(1)(A))
• ☐ 90-DAY NOTICE — NO CAUSE, NO WRITTEN AGREEMENT, MONTHLY, > 2 YEARS (9 V.S.A. § 4467(c)(1)(B))
• ☐ 21-DAY NOTICE — NO CAUSE, NO WRITTEN AGREEMENT, WEEKLY (9 V.S.A. § 4467(c)(2))
• ☐ 30-/60-DAY NOTICE — NO CAUSE UNDER WRITTEN AGREEMENT (9 V.S.A. § 4467(e))

NOTICE OF TERMINATION OF TENANCY

TO: [TENANT(S) FULL LEGAL NAME(S)] AND ALL OCCUPANTS

Premises Address: [________________________________], [CITY/TOWN], [COUNTY] County, Vermont [ZIP] (the "Premises")

Date of Actual Notice: [__/__/____]

Landlord / Owner / Agent: [________________________________]

Address for Payment / Notices: [________________________________]

Phone / Email: [________________________________]

This notice terminates your tenancy. The termination date of your tenancy is [__/__/____] (the "Termination Date"), which is at least the statutory number of days after the date of this actual notice for the ground checked above.

IF 14-DAY NOTICE — NONPAYMENT OF RENT (§ 4467(a))

You are hereby notified that your tenancy is terminated for nonpayment of rent. The amount of rent due is $[____] (rent only; this figure does not include late fees or other charges). Your tenancy will terminate on the Termination Date, which is at least 14 days after the date of this notice. You may stop the termination of your tenancy by paying or tendering all rent due through the end of the current rental period before the Termination Date. Acceptance of a partial payment does not waive the landlord's right to terminate for nonpayment.

IF 30-DAY NOTICE — BREACH OF RENTAL AGREEMENT (§ 4467(b)(1))

You are hereby notified that your tenancy is terminated because you have failed to comply with a material term of your rental agreement or with obligations imposed under 9 V.S.A. chapter 137, namely: [DESCRIBE THE BREACH]. Your tenancy will terminate on the Termination Date, which is at least 30 days after the date of this notice.

IF 14-DAY NOTICE — CRIMINAL / ILLEGAL-DRUG ACTIVITY / VIOLENCE (§ 4467(b)(2))

You are hereby notified that your tenancy is terminated because of criminal activity, illegal drug activity, or acts of violence that threaten the health or safety of other residents, namely: [DESCRIBE]. Your tenancy will terminate on the Termination Date, which is at least 14 days after the date of this notice.

IF NO-CAUSE NOTICE (§ 4467(c), (d), or (e))

You are hereby notified that your tenancy at the Premises is terminated for no cause. Your tenancy will terminate on the Termination Date, which is at least [60 / 90 / 21 / 30 / 60] days after the date of this notice (or before the end of the stated term, as applicable), pursuant to 9 V.S.A. § 4467([c)(1)(A) / (c)(1)(B) / (c)(2) / (d) / (e)]). You must vacate and deliver up possession of the Premises on or before the Termination Date.

SIGNATURE BLOCK — NOTICE

Dated: [__/__/____]

[________________________________]

[LANDLORD / OWNER / AGENT NAME], [TITLE]

3. PART B — CERTIFICATE OF SERVICE OF NOTICE

I, [SERVER NAME], certify that on [__/__/____] I gave the foregoing Notice of Termination of Tenancy to [TENANT NAME] by actual notice in the manner indicated below (9 V.S.A. § 4451):

• ☐ Hand delivery to the tenant.
• ☐ First-class U.S. mail to the tenant's last known address.
• ☐ Certified U.S. mail, return receipt requested, to the tenant's last known address.

[________________________________]

[SERVER NAME]

Address: [________________________________]

4. PART C — COMPLAINT FOR EJECTMENT (EVICTION) (12 V.S.A. ch. 169; 9 V.S.A. § 4468)

STATE OF VERMONT — SUPERIOR COURT

[COUNTY] UNIT — CIVIL DIVISION

Docket No.: [________________________________]

COMPLAINT FOR EJECTMENT (EVICTION) AND FOR RENT AND DAMAGES

(12 V.S.A. ch. 169; 9 V.S.A. §§ 4467–4468)

Plaintiff alleges:

GENERAL ALLEGATIONS

1. Plaintiff is the [owner / landlord / authorized agent] of the residential rental Premises located at [ADDRESS], [CITY/TOWN], [COUNTY] County, Vermont [ZIP] (the "Premises"). Venue and jurisdiction are proper in the Civil Division of the Superior Court for the unit where the Premises are located.

2. Defendant [TENANT NAME] began renting the Premises on [__/__/____] pursuant to a [written / oral] rental agreement at a rent of $[____] per [month / week], payable in advance on the [____] day of each rental period.

3. The Premises [☐ is / ☐ is not] a "covered dwelling" under the federal CARES Act, 15 U.S.C. § 9058. [A Declaration of Compliance with the CARES Act (Vt. Judiciary form 100-00031) is filed with this Complaint.]

COUNT I — EJECTMENT (POSSESSION)

4. Plaintiff realleges paragraphs 1 through 3.

5. Plaintiff terminated Defendant's tenancy for [☐ nonpayment of rent (§ 4467(a)) / ☐ breach of a material term of the rental agreement: ____________ (§ 4467(b)(1)) / ☐ criminal/illegal-drug activity or violence threatening health or safety (§ 4467(b)(2)) / ☐ no cause (§ 4467(c)/(d)/(e))].

6. On [__/__/____], Plaintiff gave Defendant actual notice of termination under 9 V.S.A. § 4467 stating the grounds and the Termination Date of [__/__/____], in compliance with § 4467(f). A true and correct copy of the Notice is attached as Exhibit A, and the certificate of service is Exhibit B.

7. The Termination Date has passed; [for nonpayment: Defendant did not pay or tender the rent due through the end of the rental period before the Termination Date.] Defendant has failed to vacate and continues in possession of the Premises without Plaintiff's consent.

8. This action is commenced within sixty (60) days after the Termination Date as required by 9 V.S.A. § 4468.

WHEREFORE, on Count I, Plaintiff demands judgment for possession of the Premises, a writ of possession directing restoration of possession to Plaintiff, and costs.

COUNT II — RENT AND DAMAGES

9. Plaintiff realleges paragraphs 1 through 8.

10. Defendant owes Plaintiff $[____] in unpaid rent through [__/__/____], plus rent and the reasonable value of use and occupancy continuing to accrue at $[____] per [day / month] until possession is surrendered.

11. Defendant is further liable for $[____] in damages to the Premises and other amounts recoverable under the rental agreement and 9 V.S.A. chapter 137.

12. Plaintiff is entitled to costs and, if provided by the rental agreement or statute, reasonable attorney's fees.

WHEREFORE, on Count II, Plaintiff demands judgment against Defendant for unpaid and accruing rent, the reasonable value of use and occupancy, damages, prejudgment interest, costs, and attorney's fees, and for such other relief as the Court deems just.

[OPTIONAL] DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as of right.

SIGNATURE — COMPLAINT

Dated: [__/__/____]

[________________________________]

[PLAINTIFF / ATTORNEY NAME]

☐ Plaintiff, pro se ☐ Attorney for Plaintiff, Vermont ERN/Bar No. [________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

5. PART D — VERIFICATION

I, [PLAINTIFF / AFFIANT NAME], declare under penalty of perjury under the laws of the State of Vermont that I have read the foregoing Complaint and that the facts stated in it are true and correct to the best of my knowledge and belief.

Executed on [__/__/____] at [CITY/TOWN], Vermont.

[________________________________]

[PLAINTIFF NAME], Plaintiff

6. PART E — SERVICEMEMBER (MILITARY) AFFIDAVIT

State of Vermont, County of [________________]

I, [AFFIANT NAME], being first duly sworn, depose and state:

1. I have personal knowledge of the facts stated herein.

2. ☐ Based on a search of the Department of Defense Manpower Data Center, [TENANT NAME] is NOT in active military service within the meaning of the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3901 et seq. A copy of the SCRA single-record response is attached.

3. ☐ [TENANT NAME] IS in active military service; protections under the SCRA apply.

4. ☐ I am unable to determine the military status of Defendant.

[________________________________]

[AFFIANT NAME]

Subscribed and sworn to (or affirmed) before me this [____] day of [________________], 20[____].

[________________________________]
Notary Public, State of Vermont
My Commission Expires: [__/__/____]

7. VERMONT PRACTICE NOTES

• Actual notice required. Vermont terminations under § 4467 must be by actual notice — written, hand-delivered or mailed to the tenant's last known address (§ 4451). Door-posting alone does not give actual notice. Mailing by first-class or certified mail creates a rebuttable presumption of receipt three days after mailing.
• State the termination date. In ALL cases the termination date must be specifically stated in the notice (§ 4467(f)). A defective or omitted termination date is a leading cause of dismissal.
• 14-day nonpayment — redemption. For nonpayment (§ 4467(a)), the tenancy does NOT terminate if the tenant pays or tenders rent due through the end of the rental period before the termination date. The notice should state only the rent due (not other charges) and the right to redeem. CARES Act / HOME properties require a 30-day nonpayment notice.
• No-cause periods are long. 60 days (≤ 2 years) / 90 days (> 2 years) for monthly tenancies with no written agreement; 21 days weekly; 30/60 days before end of a written term. Some municipalities (Burlington) impose longer overlays — verify local law.
• 60-day filing window. A notice is insufficient to support a judgment unless the eviction is commenced within 60 days after the termination date (§ 4468). Miss the window and you must start over with a new notice.
• Court. File the ejectment complaint in the Civil Division of the Superior Court for the unit (county) where the Premises are located. There is no official statewide eviction complaint form; the Judiciary's civil Complaint (form 100-00050) serves as a template. Attach a copy of the rental agreement (if any) and the termination notice; the CARES Act Declaration of Compliance (form 100-00031) may be required.
• No self-help. 9 V.S.A. § 4463 prohibits lockouts, utility shutoffs, and removal of belongings; only a court order removes a tenant.
• Rent escrow. On the landlord's motion, the court may order the tenant to pay rent into court during the pendency of the action (9 V.S.A. § 4475); confirm current procedure.
• Mobile-home parks (10 V.S.A. ch. 153) and subsidized housing follow additional cause and notice rules. CARES Act 30-day notice may apply to federally backed dwellings.

8. SOURCES AND REFERENCES

• 9 V.S.A. § 4467 (termination of tenancy; notice) — https://legislature.vermont.gov/statutes/section/09/137/04467
• 9 V.S.A. § 4468 (action for possession; 60-day filing window) — https://legislature.vermont.gov/statutes/section/09/137/04468
• 9 V.S.A. § 4451 (definitions — "actual notice"); § 4463 (self-help prohibited); § 4475 (rent escrow)
• Vermont Judiciary — Eviction Process — https://www.vtcourts.gov/civil/eviction-process
• VTLawHelp — Notice to Terminate Tenancy — https://vtlawhelp.org/notice-to-terminate-tenancy
• CVOEO — Summary of Notice Periods for Termination of Tenancy — https://www.cvoeo.org/notice-periods
• Servicemembers Civil Relief Act — 50 U.S.C. § 3901 et seq.; CARES Act § 4024 — 15 U.S.C. § 9058

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. A Vermont-licensed attorney must review and customize this package before service or filing. Mobile-home park and subsidized-housing tenancies follow additional rules, and some municipalities (e.g., Burlington) impose longer notice periods; verify current notice periods, the 60-day filing window, court procedures, and any CARES Act requirements before use.

Last Updated: 2026-06-06