NOTICE OF TERMINATION OF TENANCY AND DEMAND FOR POSSESSION
(Compliant with Vermont Residential Rental Agreements Act, 9 V.S.A. ch. 137)
[// GUIDANCE: This template is designed for use by Vermont landlords (or their counsel) when terminating a residential tenancy and demanding possession of the premises. Customize all bracketed text, choose the appropriate notice period/grounds, and verify service compliance before use.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
I. DOCUMENT HEADER
- Notice Title: [SELECT ONE: “14-Day Notice to Pay Rent or Vacate” | “30-Day Notice to Cure or Vacate” | “60-/90-Day No-Cause Notice”]
- Landlord: [Landlord Legal Name] (“Landlord”)
- Tenant(s): [Tenant Legal Name(s)] (“Tenant”)
- Premises: [Street Address, Unit No., City, VT ZIP] (“Premises”)
- Lease: [Date of Rental Agreement], Month-to-Month unless otherwise stated
- Effective Date of Notice: [Date]
- Governing Law: State of Vermont
- Designated Forum: [County] Unit, Vermont Superior Court, Civil Division—Housing
II. DEFINITIONS
“Cure Amount” – The total rent arrearage, late fees, and other sums due as of the Effective Date.
“Event of Default” – Any circumstance described in Section III.1 triggering Landlord’s right to terminate.
“Notice Period” – The statutory period between service of this Notice and the Termination Date, as specified in Section III.2.
“Service” – The method by which this Notice is delivered pursuant to Section III.5.
“Termination Date” – 11:59 p.m. on the last day of the applicable Notice Period.
[// GUIDANCE: Add or delete definitions as necessary; ensure consistency throughout.]
III. OPERATIVE PROVISIONS
-
Grounds for Termination
a. Non-payment of Rent (9 V.S.A. § 4467(a))
b. Material Non-Compliance with Lease or Law (9 V.S.A. § 4467(b))
c. No-Cause Termination of Month-to-Month Tenancy (9 V.S.A. § 4467(c)) -
Notice Period & Termination Date
a. Fourteen (14) days for non-payment of rent
b. Thirty (30) days for curable lease violations
c. Sixty (60) days (tenancy < 2 years) or Ninety (90) days (tenancy ≥ 2 years) for no-cause
The tenancy shall terminate on the Termination Date unless Tenant cures as permitted in Section III.3. -
Tenant’s Right to Cure (if applicable)
a. Non-Payment: Tenant may avoid termination by paying the Cure Amount in certified funds on or before the Termination Date.
b. Other Breach: Tenant may cure by fully remedying the specified breach(es) within thirty (30) days. -
Demand for Possession
Tenant must surrender exclusive possession of the Premises, remove all personal property, and return all keys no later than the Termination Date. -
Service of Notice
This Notice shall be served by [SELECT: (i) personal delivery; (ii) certified mail, return receipt requested; (iii) any additional method permitted under 9 V.S.A. ch. 137 or the Lease].
Service is effective upon [SELECT: personal delivery | mailing date | as otherwise provided].
IV. REPRESENTATIONS & WARRANTIES
-
Landlord Representations
a. Landlord is the lawful owner or agent authorized to manage and enforce the Lease.
b. All rent and charges demanded herein are accurate and lawfully due. -
Tenant Representations (acknowledged by acceptance or failure to object)
a. Tenant entered the Lease voluntarily and received possession of the Premises.
b. Tenant’s obligations under the Lease include timely payment of rent and compliance with all terms and applicable law.
V. COVENANTS & RESTRICTIONS
-
Tenant Covenants
a. To comply with the cure requirements (if any) within the Notice Period.
b. To vacate peacefully and leave the Premises in broom-clean condition by the Termination Date if cure is not effected. -
Landlord Covenants
a. To accept timely and complete cure pursuant to Section III.3.
b. To proceed with court action only if Tenant fails to cure or vacate.
VI. DEFAULT & REMEDIES
- Event of Default: Failure to (i) pay the Cure Amount, (ii) remedy the breach, or (iii) deliver possession by the Termination Date.
- Remedies
a. Commencement of eviction (ejectment) proceedings under Vt. R. Civ. P. 80.1.
b. Recovery of rent, use and occupancy, court costs, and statutory attorney’s fees.
c. Application for writ of possession and, if necessary, sheriff’s execution.
VII. RISK ALLOCATION
[Indemnification, liability caps, and insurance provisions are not applicable to this statutory notice and are therefore intentionally omitted.]
VIII. DISPUTE RESOLUTION
- Governing Law: Vermont law exclusively.
- Forum Selection: Vermont Superior Court, Civil Division—Housing, [County] Unit.
- Arbitration: Not applicable.
- Jury Waiver: No waiver; parties retain constitutional right to jury trial where available.
- Injunctive Relief: Landlord reserves the right to seek immediate possession and any other equitable relief authorized by statute.
IX. GENERAL PROVISIONS
- Entire Notice: This document constitutes the entire notice required by Vermont law for the grounds stated.
- No Waiver: Landlord’s acceptance of partial payments after service shall not waive any rights unless expressly agreed in writing.
- Severability: If any provision herein is held invalid, the remainder shall remain enforceable.
- Amendments: May only be modified in a written instrument signed by Landlord.
- Electronic Signatures: Facsimile or electronic signatures shall be deemed originals.
X. EXECUTION BLOCK
Executed and delivered on the Effective Date set forth above.
| LANDLORD / AUTHORIZED AGENT | TENANT ACKNOWLEDGMENT (optional) |
|---|---|
| ____ | _________ |
| Name: ____ | Name: _________ |
| Title: ___ | Date: _________ |
| Date: ____ |
[// GUIDANCE: Landlord signature is legally sufficient; Tenant acknowledgment is optional but recommended to evidence receipt.]
CERTIFICATE OF SERVICE
I, [Name of Server], certify that on [Date] I served a true and correct copy of this Notice upon Tenant by:
☐ Personal delivery to Tenant at the Premises
☐ Certified mail, return receipt requested, to the Premises address
☐ Other method authorized by 9 V.S.A. ch. 137: ____
Signature: ____
Date: _____
[// GUIDANCE: Retain proof of service (e.g., signed receipt, affidavit) for court filing.]