Vermont 14-Day Notice to Pay Rent or Quit

VERMONT 14-DAY NOTICE TO PAY RENT OR QUIT

TABLE OF CONTENTS

1. Caption / Heading
2. Notice Recipient and Premises
3. Statement of Rent Due
4. Statutory Demand and Termination Date
5. Tenant's Right to Cure
6. Acceptance of Partial Payment — Non-Waiver
7. Reservation of Rights and Remedies
8. Self-Help Disclaimer / Tenant Protections
9. Burlington Just Cause Compliance Statement
10. How to Pay / Where to Tender
11. Signature and Service Blocks
12. Certificate of Service / Proof of Actual Notice
13. Vermont Practice Notes
14. Sources and References

1. CAPTION / HEADING

STATE OF VERMONT

14-DAY NOTICE OF TERMINATION OF TENANCY FOR NONPAYMENT OF RENT

Issued Pursuant to 9 V.S.A. § 4467(a)

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

3. STATEMENT OF RENT DUE

YOU ARE FURTHER NOTIFIED that, as of the date of this Notice, the following rent is past due and owing:

Late fees, NSF charges, and other authorized charges (only if expressly authorized by the written rental agreement): $ [________]

TOTAL AMOUNT DUE TO CURE NONPAYMENT THROUGH END OF CURRENT RENTAL PERIOD: $ [________]

4. STATUTORY DEMAND AND TERMINATION DATE

PURSUANT TO 9 V.S.A. § 4467(a), demand is hereby made upon Tenant for payment in full of the rent in arrears stated above.

UNLESS Tenant pays or tenders all rent due through the end of the rental period in which payment or tender is made on or before [TERMINATION DATE — at least 14 days after the date of actual notice] [__/__/____], the rental agreement and tenancy shall TERMINATE on that date, and Landlord shall commence an action for possession (ejectment) in the Vermont Superior Court, Civil Division, [COUNTY] Unit, pursuant to 12 V.S.A. ch. 169.

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

5. TENANT'S RIGHT TO CURE

YOU ARE NOTIFIED of the following rights to cure or stop this proceeding:

☐ PRE-LITIGATION CURE (9 V.S.A. § 4467(a)): This rental agreement shall NOT terminate if Tenant pays or tenders all rent due through the end of the rental period in which payment or tender is made, on or before the termination date stated above.

☐ POST-LITIGATION CURE (12 V.S.A. § 4773): Even after Landlord files an ejectment action, before a writ of possession is executed, Tenant may stop the action by paying into court all rent due through the end of the current rental period, including interest and costs of suit. However, Tenant may NOT defeat an ejectment action by such payment more than ONE time in any 12-month period.

☐ FREE OR LOW-COST LEGAL HELP: Vermont Legal Aid (1-800-889-2047) and Legal Services Vermont (1-800-889-2047 / vtlawhelp.org) provide free legal assistance to income-eligible Vermont tenants. The Vermont Tenants Project at CVOEO (1-800-287-7971) also assists tenants. Tenant is encouraged to seek legal counsel immediately.

☐ RENTAL ASSISTANCE: Tenant may be eligible for emergency rental assistance through the Vermont Department for Children and Families (Economic Services), 211 Vermont, or local Community Action agencies. Application materials may toll certain timelines and should be pursued promptly.

6. ACCEPTANCE OF PARTIAL PAYMENT — NON-WAIVER

Pursuant to 9 V.S.A. § 4467(a), acceptance of partial payment of rent shall NOT constitute (a) a waiver of Landlord's remedies for nonpayment of rent, or (b) an accord and satisfaction for nonpayment of rent.

Landlord expressly reserves the right to accept partial payment without waiving any rights under this Notice or under Vermont law.

7. RESERVATION OF RIGHTS AND REMEDIES

Landlord expressly reserves all rights and remedies under the rental agreement, 9 V.S.A. ch. 137, 12 V.S.A. ch. 169, and applicable common law, including without limitation:

7.1. The right to seek a judgment for possession of the Premises;

7.2. The right to recover all rent in arrears, including rent accruing through the date of judgment and through delivery of vacant possession;

7.3. The right to seek damages, costs, and (where the written rental agreement so provides) reasonable attorney's fees pursuant to 12 V.S.A. § 4854;

7.4. The right to seek a rent escrow order under 12 V.S.A. § 4853a; and

7.5. The right to enforce all other remedies at law or in equity.

8. SELF-HELP DISCLAIMER / TENANT PROTECTIONS

Landlord acknowledges that Vermont law (9 V.S.A. § 4463) prohibits any landlord from interrupting utility service (except for genuine emergency repairs), denying the tenant access to the Premises, denying the tenant access to tenant's property within the Premises, or otherwise attempting to recover possession of the Premises except through the proper court process under 12 V.S.A. ch. 169. Violation of § 4463 exposes a landlord to damages, costs, and attorney's fees under 9 V.S.A. § 4464 (and treble damages where authorized).

This Notice is solely a statutory notice of termination and demand for rent. It is NOT an order to vacate immediately, and it does NOT authorize any self-help removal.

9. BURLINGTON JUST CAUSE COMPLIANCE STATEMENT

If the Premises are located in the City of Burlington and the Burlington Just Cause Eviction Charter Amendment is in force at the time of service, Landlord further states that nonpayment of rent constitutes an enumerated "just cause" for termination under that Amendment, and Landlord is prepared to demonstrate compliance with all applicable municipal procedural requirements.

(Burlington / Brattleboro / Montpelier tenants should consult their municipal clerk and local tenant counsel for any ordinance-specific notice requirements.)

10. HOW TO PAY / WHERE TO TENDER

Payment of all amounts due may be made on or before the termination date stated in Section 4 in any of the following ways:

• By check or money order payable to [LANDLORD'S NAME / ENTITY] and delivered to [ADDRESS FOR PAYMENT];
• In person at [ADDRESS / OFFICE HOURS];
• By electronic transfer to [ACCOUNT / PORTAL], if such method is provided in the rental agreement.

CASH payments will be accepted only if a written receipt is provided contemporaneously.

Landlord shall not refuse a timely tender of the full cure amount.

11. 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: [__/__/____]

12. CERTIFICATE OF SERVICE / PROOF OF ACTUAL NOTICE

I certify that I served the foregoing 14-Day Notice to Pay Rent 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]

13. VERMONT PRACTICE NOTES

13.1. "Actual notice" requirement. 9 V.S.A. § 4467 measures the 14-day period from the date of "actual notice." Vermont courts strictly construe termination notices in favor of tenants; ambiguity, miscalculation, or failure to specify the termination date renders the notice defective. Best practice: hand-deliver, document by certificate of service, and add 2–3 buffer days.

13.2. Demand letter not required. Unlike some states, Vermont does NOT require a separate pre-eviction demand letter — the 14-day notice IS the demand. 12 V.S.A. § 4773 expressly relieves the plaintiff of having to prove a separate demand or reentry stipulation.

13.3. Cure rights survive notice. Even after the termination date passes, Tenant retains the one-time-per-12-months post-suit cure right under 12 V.S.A. § 4773. Landlord must accept that statutory cure if tendered before writ execution.

13.4. Rent escrow. Once an ejectment action is filed, Landlord may move under 12 V.S.A. § 4853a for an order requiring Tenant to pay accruing rent into court. A § 4853a hearing follows 14 days' notice; failure to comply with the resulting order entitles Landlord to immediate judgment for possession.

13.5. Writ of possession. Under 12 V.S.A. § 4854, a writ of possession issues on entry of judgment, but the sheriff may not execute earlier than 14 days after service of the writ on Tenant.

13.6. Holdover after notice. A tenant who remains after the termination date is a holdover; Landlord may not lock out, but must file ejectment under 12 V.S.A. ch. 169.

13.7. Subsidized tenancies. Section 8 Housing Choice Voucher tenants and other federally subsidized tenants enjoy "good cause" termination protections that overlay state law; HUD form notices and lease provisions must be observed.

13.8. Mobile home park lot rent. Use 10 V.S.A. § 6237 procedure (20-day mailed certified/registered notice; expedited proceeding) — NOT this template.

13.9. Tenant defenses to anticipate. Defective notice (strict construction); breach of warranty of habitability and rent withholding (9 V.S.A. §§ 4457, 4458); retaliation within 90 days of a government compliance notice (9 V.S.A. § 4465 — rebuttable presumption); discrimination under the Vermont Fair Housing Act (9 V.S.A. § 4503 — adds source of income, sexual orientation, gender identity, and other protected classes beyond federal FHA); security deposit setoff (9 V.S.A. § 4461 — 14-day return; double damages for willful failure).

14. 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. ch. 137 — Residential Rental Agreements (full chapter). Available at: https://legislature.vermont.gov/statutes/fullchapter/09/137
• 12 V.S.A. ch. 169 — Ejectment (full chapter). Available at: https://legislature.vermont.gov/statutes/fullchapter/12/169
• 12 V.S.A. § 4773 — Ejectment for nonpayment of rent. Available at: https://legislature.vermont.gov/statutes/section/12/169/04773
• 12 V.S.A. § 4853a — Payment of rent into court; expedited hearing. Available at: https://legislature.vermont.gov/statutes/section/12/169/04853a
• 9 V.S.A. § 4503 — Vermont Fair Housing Act, unfair housing practices. Available at: https://legislature.vermont.gov/statutes/section/09/139/04503
• Vermont Judiciary — Eviction Process. Available at: https://www.vermontjudiciary.org/civil/eviction-process
• VTLawHelp.org — Court Process: Steps in an Eviction Case. Available at: https://vtlawhelp.org/court-process-eviction
• CVOEO — Notice Periods for Vermont Tenants. Available at: https://www.cvoeo.org/notice-periods
• 10 V.S.A. ch. 153 — Mobile Home Parks. Available at: https://legislature.vermont.gov/statutes/fullchapter/10/153
• Burlington Just Cause Eviction (history & status). See VTDigger and City of Burlington Clerk's Office for current municipal status.

END OF NOTICE.