Vermont 30-Day Notice to Cure or Quit (Material Lease Violation)

VERMONT NOTICE TO CURE OR QUIT (MATERIAL LEASE VIOLATION)

TABLE OF CONTENTS

1. Caption / Heading
2. Notice Recipient and Premises
3. Statutory Track Selection
4. Specific Description of the Breach
5. Lease Provision and Statutory Duty Breached
6. Demand to Cure (30-Day Track)
7. Notice of Termination Without Cure (14-Day Safety Track)
8. Termination Date
9. Tenant Rights and Resources
10. Self-Help Disclaimer
11. Burlington Just Cause Compliance Statement
12. Reservation of Rights
13. Signature and Service Blocks
14. Certificate of Service / Proof of Actual Notice
15. Vermont Practice Notes
16. Sources and References

1. CAPTION / HEADING

STATE OF VERMONT

NOTICE OF TERMINATION OF TENANCY FOR BREACH OF RENTAL AGREEMENT

Issued Pursuant to 9 V.S.A. § 4467(b)

Date of Notice: [__/__/____]

Date of Actual Notice (delivery): [__/__/____]

2. NOTICE RECIPIENT AND PREMISES

TO: [TENANT'S FULL LEGAL NAME], and all other persons in possession (the "Tenant"):

YOU ARE HEREBY NOTIFIED that the residential premises located at:

[STREET ADDRESS, UNIT/APT, CITY, COUNTY, VERMONT, ZIP CODE]

(the "Premises"), occupied by Tenant under [a written rental agreement dated __/__/____] / [an oral month-to-month rental agreement] with the undersigned Landlord, are the subject of this Notice.

3. STATUTORY TRACK SELECTION

This Notice is issued under (check the applicable subsection):

☐ 9 V.S.A. § 4467(b)(1) — 30 DAYS: Material noncompliance with the rental agreement or with obligations imposed under 9 V.S.A. ch. 137. Tenant is given an opportunity to cure as described in Section 6.

☐ 9 V.S.A. § 4467(b)(2) — 14 DAYS: Criminal activity, illegal drug activity, acts of violence, or conduct that threatens the health or safety of other residents, Landlord, or Landlord's agents/employees. NO cure opportunity is given. (See Section 7.)

☐ 9 V.S.A. § 4467(b)(2) — 14 DAYS (Repeat Conduct): Tenant has previously been issued a written notice of breach of the same or similar conduct within the prior 12 months and the conduct has recurred or threatens health or safety. NO cure opportunity is given. (See Section 7.)

4. SPECIFIC DESCRIPTION OF THE BREACH

YOU ARE FURTHER NOTIFIED that Tenant has breached the rental agreement and/or Tenant's obligations under 9 V.S.A. ch. 137 in the following manner:

Date(s) of Conduct: [__/__/____] (and continuing)

Location of Conduct: [unit / common area / parking lot / etc.]

Description of the Conduct (state with particularity):

[FACTUAL NARRATIVE — Describe the specific acts, omissions, dates, witnesses,
police reports, code-enforcement citations, or photographs documenting the
breach. Avoid generalities such as "you have been a nuisance"; instead,
specify (e.g., "On 03/15/26 at approximately 2:15 a.m. you and three guests
caused excessive noise audible to Units 4 and 5, resulting in a noise
complaint to the Burlington Police Department, incident no. _______.").]

Persons affected (other tenants, neighbors, employees): [NAMES / UNIT NUMBERS]

Documentation referenced or attached: ☐ Police report ☐ Code-enforcement citation ☐ Photographs ☐ Prior written warning(s) dated [__/__/____] ☐ Witness statements ☐ Other: [__________]

5. LEASE PROVISION AND STATUTORY DUTY BREACHED

The conduct described in Section 4 constitutes a breach of:

5.1. Rental Agreement Provision: Section/Paragraph [____] of the rental agreement, which provides: "[QUOTE THE LEASE LANGUAGE BREACHED]";

5.2. Statutory Tenant Duty Under 9 V.S.A. § 4456: Tenant's duty to (check all that apply):

☐ Comply with all material obligations under the rental agreement (§ 4456(a));

☐ Conduct themselves and require others on the premises with consent in a manner that will not disturb others' peaceful enjoyment of the premises (§ 4456(b));

☐ Use all electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances in a reasonable manner (§ 4456(c));

☐ Refrain from deliberately or negligently destroying, defacing, damaging, or removing any part of the Premises (§ 4456(d));

5.3. Other Applicable Provisions / Statutes: [CITE].

6. DEMAND TO CURE (30-DAY TRACK ONLY)

[Complete this Section ONLY if the 30-day track in Section 3 is selected.]

PURSUANT TO 9 V.S.A. § 4467(b)(1), demand is hereby made upon Tenant to CURE the breach described above by:

6.1. Action Required to Cure: [STATE WITH SPECIFICITY — e.g., "remove the unauthorized occupant," "permanently abate the noise nuisance and refrain from further violations," "pay the documented damage to the bathroom subfloor in the amount of $______," "remove the unauthorized pet from the Premises"];

6.2. Cure Deadline: On or before [at least 30 days from actual notice] [__/__/____];

6.3. How Cure Will Be Verified: [describe — e.g., re-inspection, written confirmation, photographic evidence, payment confirmation].

If Tenant fails or refuses to cure the breach by the cure deadline, the rental agreement and tenancy shall TERMINATE on the termination date stated in Section 8, and Landlord shall commence an ejectment action under 12 V.S.A. ch. 169.

7. NOTICE OF TERMINATION WITHOUT CURE (14-DAY SAFETY TRACK ONLY)

[Complete this Section ONLY if the 14-day track in Section 3 is selected.]

PURSUANT TO 9 V.S.A. § 4467(b)(2), the conduct described in Section 4 involves criminal activity, illegal drug activity, acts of violence, or conduct that threatens the health or safety of other residents, Landlord, or Landlord's agents/employees, AND/OR repeats prior noncompliance noticed within the prior 12 months.

NO opportunity to cure is provided. The rental agreement and tenancy shall TERMINATE on the termination date stated in Section 8, and Landlord shall commence an ejectment action under 12 V.S.A. ch. 169.

8. TERMINATION DATE

The termination date specifically stated in this Notice is: [__/__/____].

(Termination date must be at least 30 days from actual notice for § 4467(b)(1) breaches, or at least 14 days from actual notice for § 4467(b)(2) breaches.)

9. TENANT RIGHTS AND RESOURCES

YOU ARE NOTIFIED that:

☐ Right to Counsel: Tenant should consult an attorney immediately. Free or low-cost help is available from Vermont Legal Aid (1-800-889-2047), Legal Services Vermont, the Vermont Tenants Project at CVOEO (1-800-287-7971), and South Royalton Legal Clinic (Vermont Law and Graduate School).

☐ Right to Defend in Court: If Landlord files an ejectment action, Tenant has the right to file a written Answer asserting any defenses or counterclaims (warranty of habitability, retaliation, discrimination, defective notice, security-deposit setoff, abatement, etc.) within the time provided by Rule 12 of the Vermont Rules of Civil Procedure (generally 21 days after service of the Summons and Complaint).

☐ Disability Accommodation: Tenants with a disability under federal or Vermont law may be entitled to a reasonable accommodation that may bear on the alleged breach. Tenant may request a reasonable accommodation from Landlord under the federal Fair Housing Act, the Americans with Disabilities Act, and the Vermont Fair Housing Act, 9 V.S.A. § 4503.

☐ Anti-Discrimination: It is unlawful for a landlord to base termination on race, color, religion, national origin, sex, sexual orientation, gender identity, age, marital status, presence of minor children, disability, receipt of public assistance, or status as a victim of abuse, sexual assault, or stalking, among other protected classes (9 V.S.A. § 4503; federal Fair Housing Act, 42 U.S.C. § 3601 et seq.).

10. SELF-HELP DISCLAIMER

This Notice is solely a statutory notice of termination. Vermont law (9 V.S.A. § 4463) prohibits Landlord from interrupting utility service (except for genuine emergency repairs), denying Tenant access to the Premises, denying Tenant access to Tenant's property within the Premises, or otherwise attempting to recover possession outside the proper court process under 12 V.S.A. ch. 169. Violation exposes Landlord to damages, costs, and attorney's fees under 9 V.S.A. § 4464.

11. BURLINGTON JUST CAUSE COMPLIANCE STATEMENT

If the Premises are in Burlington and the Just Cause Eviction Charter Amendment is in force, Landlord further states that the breach described herein constitutes an enumerated "just cause" ground for termination, and Landlord has complied with all applicable municipal procedural requirements.

12. RESERVATION OF RIGHTS

Landlord reserves all rights and remedies under the rental agreement, 9 V.S.A. ch. 137, 12 V.S.A. ch. 169, the Vermont and federal Fair Housing Acts, and applicable common law, including the rights to seek possession, damages, costs, and (where authorized by the written rental agreement) reasonable attorney's fees pursuant to 12 V.S.A. § 4854.

13. SIGNATURE AND SERVICE BLOCKS

LANDLORD / AUTHORIZED AGENT:

By: ___________________________________

Print Name: [NAME]

Title: [Owner / Property Manager / Authorized Agent]

Entity: [LANDLORD ENTITY, if any]

Address: [STREET, CITY, STATE, ZIP]

Telephone: [PHONE]

Email: [EMAIL]

Date Signed: [__/__/____]

14. CERTIFICATE OF SERVICE / PROOF OF ACTUAL NOTICE

I certify that I served the foregoing Notice to Cure or Quit on Tenant [TENANT NAME] by the method(s) indicated below:

☐ Personal hand-delivery to the Tenant at the Premises on [__/__/____] at approximately [__:__ AM/PM].

☐ Personal hand-delivery to a person of suitable age and discretion residing at the Premises ([NAME / RELATIONSHIP]) on [__/__/____].

☐ U.S. First-Class Mail to the Premises (and to last known mailing address if different), postage prepaid, on [__/__/____].

☐ U.S. Certified Mail, Return Receipt Requested, tracking no. [________________________________], on [__/__/____].

☐ Posting in a conspicuous place at the Premises on [__/__/____] (only as a supplement, not the sole means).

☐ Electronic mail to [TENANT EMAIL] on [__/__/____] (only if the lease authorizes electronic notice).

I declare under penalty of perjury under the laws of the State of Vermont that the foregoing is true and correct.

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

Signature: ___________________________________

Print Name: [SERVER NAME]

Title: [Landlord / Agent / Process Server]

15. VERMONT PRACTICE NOTES

15.1. Strict construction. Vermont courts construe termination notices strictly against the landlord. Errors in the date, the cure period, the description of breach, or the statutory citation can render the notice defective and require Landlord to start over.

15.2. Cure verification. When tenant attempts to cure within the 30-day window, Landlord should document promptly whether the cure is sufficient. Refusing to acknowledge a substantial cure can lead to a defective-termination defense.

15.3. Repeat conduct. A second material breach within 12 months of a written notice for similar conduct may justify a 14-day no-cure notice if the conduct also threatens health or safety; otherwise, issue a fresh 30-day notice. Document the prior notice and the recurrence with care.

15.4. Police involvement and criminal activity. Police reports, arrest records, and code-enforcement citations are persuasive evidence of § 4467(b)(2) grounds. Attach copies if possible. Do not rely solely on hearsay accounts.

15.5. Abuse-victim protections. A tenant who is a victim of domestic violence, sexual assault, or stalking has special rights to terminate, request lock changes, and avoid termination based on incidents of abuse (9 V.S.A. §§ 4471–4475 and related provisions). VAWA also overlays federally subsidized housing.

15.6. Retaliation window. 9 V.S.A. § 4465 creates a rebuttable presumption of retaliation if termination is initiated within 90 days of a tenant complaint to a government agency about habitability or housing conditions. Document independent grounds carefully if proximity to a complaint exists.

15.7. Discrimination defenses. The Vermont Fair Housing Act (9 V.S.A. § 4503) protects more classes than the federal FHA, including sexual orientation, gender identity, age, marital status, source of income, and victims of abuse/sexual assault/stalking.

15.8. Mobile home parks. Use 10 V.S.A. ch. 153 (especially § 6237) — separate procedures and longer notice periods apply to mobile home park lot rent.

15.9. Subsidized housing. Public housing, Section 8, LIHTC, and RD-515 tenants enjoy "good cause" protections; HUD form notices and grievance procedures must be observed and may extend timelines.

15.10. Filing and writ. After the termination date, Landlord may file ejectment under 12 V.S.A. ch. 169. Writs of possession issue on judgment but cannot execute earlier than 14 days after service on Tenant (12 V.S.A. § 4854).

16. SOURCES AND REFERENCES

• 9 V.S.A. § 4467 — Termination of tenancy; notice. Available at: https://legislature.vermont.gov/statutes/section/09/137/04467
• 9 V.S.A. § 4456 — Tenant obligations; use and maintenance. Available at: https://legislature.vermont.gov/statutes/section/09/137/04456
• 9 V.S.A. § 4463 — Illegal evictions. Available at: https://legislature.vermont.gov/statutes/section/09/137/04463
• 9 V.S.A. § 4465 — Retaliatory conduct prohibited. Available at: https://legislature.vermont.gov/statutes/section/09/137/04465
• 9 V.S.A. § 4503 — Vermont Fair Housing Act. Available at: https://legislature.vermont.gov/statutes/section/09/139/04503
• 12 V.S.A. ch. 169 — Ejectment. Available at: https://legislature.vermont.gov/statutes/fullchapter/12/169
• 12 V.S.A. § 4854 — Judgment for plaintiff; writ of possession. Available at: https://legislature.vermont.gov/statutes/section/12/169/04854
• Vermont Judiciary — Eviction Process. Available at: https://www.vermontjudiciary.org/civil/eviction-process
• VTLawHelp.org — Evictions in Vermont. Available at: https://vtlawhelp.org/evictions
• CVOEO — Notice Periods. Available at: https://www.cvoeo.org/notice-periods
• Burlington Just Cause Eviction (status & history). See VTDigger and the City of Burlington Clerk's Office.
• Federal Fair Housing Act, 42 U.S.C. § 3601 et seq.
• Violence Against Women Act (VAWA), 34 U.S.C. § 12491.

END OF NOTICE.