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

VERMONT NOTICE OF TERMINATION FOR 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. Optional Resolution Offer (30-Day Track)
7. Fourteen-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: Failure to comply with a material rental-agreement term or an obligation imposed under 9 V.S.A. ch. 137. The statute provides a 30-day termination-notice period; it does not itself create a general right to cure.

☐ 9 V.S.A. § 4467(b)(2) — 14 DAYS: Criminal activity, illegal drug activity, or acts of violence threatening the health or safety of other residents. (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. OPTIONAL RESOLUTION OFFER (30-DAY TRACK ONLY)

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

Section 4467(b)(1) does not itself require a cure opportunity. If Landlord elects to offer a route to withdrawal of this termination notice, complete this Section and state the offer precisely:

6.1. ☐ Optional offer made. Landlord will withdraw this termination in a signed writing if Tenant completes the following by [__/__/____]: [STATE SPECIFIC ACTION].

6.2. ☐ No optional offer is made. The tenancy will terminate on the date in Section 8 based on the material breach described above.

6.3. Verification and written withdrawal procedure, if offered: [________________________________].

Unless Landlord issues a signed written withdrawal, the rental agreement and tenancy shall TERMINATE on the termination date stated in Section 8.

7. FOURTEEN-DAY SAFETY TRACK

[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, or acts of violence threatening the health or safety of other residents.

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 of Termination for Material Lease Violation 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 termination date, notice period, description of breach, or statutory citation can render the notice defective and require Landlord to start over.

15.2. No general statutory cure right. Section 4467(b)(1) supplies a 30-day termination-notice period but does not itself require the landlord to offer cure. If the landlord voluntarily offers to withdraw the termination upon specified performance, document the offer, verification method, and any written withdrawal precisely.

15.3. Fourteen-day track. Section 4467(b)(2) applies only to criminal activity, illegal drug activity, or acts of violence that threaten the health or safety of other residents. The statute does not create a separate repeat-breach shortcut.

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).

15.11. Sixty-day filing limit. A notice is insufficient to support eviction unless the ejectment proceeding is commenced no later than 60 days after the termination date stated in the notice. 9 V.S.A. § 4467(k).

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.