FOURTEEN-DAY NOTICE TO PAY RENT OR QUIT

State of Vermont

Pursuant to 9 V.S.A. § 4467

I. NOTICE HEADER

Date of Notice: [__/__/____]

TO (Tenant Name(s)):

[________________________________]

[________________________________]

AND ALL OTHER OCCUPANTS IN POSSESSION OF:

Property Address:

[________________________________]

[________________________________]

City/Town: [________________________________] State: Vermont Zip: [____]

County: [________________________________]

Unit/Apartment Number: [________________________________]

II. STATEMENT OF DEFAULT

YOU ARE HEREBY NOTIFIED that you are in default of your rental agreement for the above-described premises due to nonpayment of rent.

The following amounts are currently due, owing, and unpaid:

Note on Late Fees: Vermont does not impose a specific statutory cap on late fees. However, any late fee must be disclosed in the rental agreement and must be reasonable. Vermont courts may decline to enforce excessive fees.

III. DEMAND FOR PAYMENT OR SURRENDER OF POSSESSION

Pursuant to 9 V.S.A. § 4467(a), you are hereby notified that your tenancy will TERMINATE on [__/__/____] (which is not less than fourteen (14) days after the date of actual notice) unless you pay the full amount of rent in arrears stated above before that date.

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

Termination Date (at least 14 days after actual notice): [__/__/____]

VERMONT LAW REQUIRES: The termination date must be at least fourteen (14) days after the date of actual notice to the tenant. "Actual notice" means the date the tenant actually receives the notice, not the date it is mailed.

IV. NOTICE PERIOD CALCULATION — VERMONT RULES

A. Fourteen-Day Minimum Notice Period:

Vermont provides one of the longest notice periods in the nation for nonpayment of rent. Under 9 V.S.A. § 4467(a):

1. The landlord must provide actual notice to the tenant
2. The termination date must be at least 14 days after the tenant actually receives the notice
3. "Actual notice" means the tenant must actually receive the notice — mailing alone does not satisfy this requirement unless the tenant actually receives it within the timeframe
4. The 14-day period includes weekends and holidays

B. Right to Cure Within 14 Days:

If the tenant pays all rent in arrears in full before the termination date, the notice is void and the tenancy continues.

C. Limitation on Right to Cure (12-Month Rule):

Under 9 V.S.A. § 4467(b), the tenant may defeat an ejectment action by paying all rent in arrears, plus interest and court costs, at any time before judgment. However, this right may be exercised only once in a 12-month period. If the tenant has already cured a nonpayment default within the preceding 12 months, the landlord may proceed with ejectment even if the tenant subsequently pays.

D. Example Calculation:

V. PAYMENT INSTRUCTIONS

A. Payment Must Be Made To:

Landlord/Agent Name: [________________________________]

Mailing Address:

[________________________________]

[________________________________]

Phone: [________________________________]

Email: [________________________________]

B. Acceptable Payment Methods:

☐ Certified check or cashier's check

☐ Money order

☐ Personal check (if permitted under lease)

☐ Electronic funds transfer / online portal: [________________________________]

☐ Cash (receipt will be provided)

☐ Other: [________________________________]

C. Payment Delivery Location:

[________________________________]

[________________________________]

D. Office Hours for In-Person Payment:

[________________________________]

VI. CONSEQUENCES OF NONCOMPLIANCE

If you fail to pay the total rent in arrears by the termination date stated above, your tenancy will terminate and the Landlord will pursue the following remedies:

1. Ejectment Action: The Landlord will file a Complaint for Ejectment in the Vermont Superior Court — Civil Division of [________________________________] County, pursuant to 9 V.S.A. § 4468
2. Court Costs: You may be held liable for all court filing fees and service costs
3. Attorney Fees: The court may award reasonable attorney fees to the prevailing party if provided for in the lease
4. Money Judgment: The Landlord may seek a money judgment for all unpaid rent, interest, and damages
5. Writ of Possession: If judgment is entered, the court will issue a writ of possession directing the sheriff to remove you from the premises
6. Interest on Arrears: Interest may accrue on unpaid rent at the rate specified in the lease or, if not specified, at the legal rate

VII. TENANT'S RIGHTS AND PROTECTIONS — VERMONT

Vermont is widely recognized as one of the most tenant-protective states in the nation. Tenants have significant rights under Vermont law.

A. Right to Cure (14-Day Period)

You have the right to pay all rent in arrears in full before the termination date stated in this notice. If you do, the notice is void and your tenancy continues.

B. Right to Cure in Court (Pay-and-Stay)

Under 9 V.S.A. § 4467(b), even after an ejectment action is filed, you may defeat the action at any time before judgment by paying:
- All rent in arrears
- Plus interest
- Plus court costs

However: This right may be exercised only once within any 12-month period. If you have already cured a nonpayment default within the past 12 months, this right is not available.

C. Partial Payment

Vermont law permits the landlord to accept partial rent payments without waiving the right to pursue ejectment for the remaining balance. Accepting partial payment does not constitute a waiver of the landlord's remedies for nonpayment (9 V.S.A. § 4467(c)).

D. Right to Contest in Court

You have the right to appear in court and present defenses, including:

☐ Rent was paid in full before the termination date

☐ The notice did not provide at least 14 days' actual notice

☐ The tenant did not receive actual notice (notice was only mailed and never received)

☐ The amount demanded is incorrect

☐ The landlord failed to maintain the premises in habitable condition (9 V.S.A. § 4457)

☐ The landlord refused to accept rent when properly tendered

☐ The eviction is retaliatory (9 V.S.A. § 4465)

☐ The eviction is discriminatory under the Vermont Fair Housing and Public Accommodations Act (9 V.S.A. Chapter 139) or the federal Fair Housing Act

☐ The tenant has already exercised the right to cure and paid all arrears, interest, and costs

☐ The landlord failed to provide required disclosures (9 V.S.A. § 4456a)

E. Warranty of Habitability

Under 9 V.S.A. § 4457, the landlord must maintain the premises in compliance with applicable building, housing, and health regulations. The landlord must keep all systems (plumbing, heating, electrical, hot water) in good working order. If the landlord fails to maintain the premises, the tenant may have defenses to eviction and may bring counterclaims.

F. Prohibition on Self-Help Evictions

Under 9 V.S.A. § 4463, it is illegal for a landlord to:
- Lock a tenant out of the premises
- Shut off utilities
- Remove doors, windows, or furnishings
- Engage in any form of self-help eviction

If the landlord engages in self-help eviction, the tenant may seek injunctive relief and recover damages.

G. Prohibition on Retaliation

Under 9 V.S.A. § 4465, a landlord may not increase rent, decrease services, or file an eviction action in retaliation for:
- Reporting housing code violations
- Organizing or joining a tenant organization
- Exercising rights under the landlord-tenant act
- Testifying in court proceedings

A retaliatory eviction commenced within 90 days of the tenant's protected activity is presumed retaliatory.

H. Security Deposit

Under 9 V.S.A. § 4461, the landlord must return the security deposit within 14 days of the end of the tenancy, less lawful deductions. The deposit may NOT be applied to current rent without mutual agreement.

I. Required Lease Disclosures

Under 9 V.S.A. § 4456a, landlords must provide tenants with certain written disclosures at the start of the tenancy, including information about lead paint, the landlord's name and address, and other matters. Failure to provide required disclosures may be a defense to eviction.

J. Military Tenant Protections

Active-duty military members are protected under the federal Servicemembers Civil Relief Act (SCRA), 50 U.S.C. §§ 3901–4043.

K. Legal Assistance

• Vermont Legal Aid: 1-800-889-2047 / www.vtlegalaid.org
• Law Line Vermont (free legal advice by phone): 1-800-889-2047
• Champlain Valley Office of Economic Opportunity (CVOEO) — Housing Programs: (802) 660-3456 / www.cvoeo.org
• Vermont Tenants (tenant advocacy): www.cvoeo.org
• Vermont Bar Association Lawyer Referral Service: (802) 223-2020
• Vermont 211 (resource hotline): Dial 2-1-1

VIII. SUBSIDIZED AND PUBLIC HOUSING — ADDITIONAL REQUIREMENTS

If this tenancy involves a federal housing subsidy, additional requirements apply:

☐ Section 8 Housing Choice Voucher: The landlord must notify the local housing authority and comply with federal notice requirements. The PHA must receive a copy of this notice.

☐ Public Housing Tenants: Under 24 C.F.R. § 966.4, public housing tenants are entitled to at least 14 days' notice and a grievance hearing before eviction.

☐ USDA Rural Development Housing: Additional federal notice requirements apply.

☐ Vermont State Housing Authority (VSHA) properties: Additional state requirements may apply.

☐ This tenancy is NOT subsidized.

IX. RESIDENTIAL VS. COMMERCIAL TENANCIES

☐ This notice pertains to a RESIDENTIAL tenancy governed by 9 V.S.A. Chapter 137 (Residential Rental Agreements).

☐ This notice pertains to a COMMERCIAL tenancy. Vermont's Residential Rental Agreements Act (9 V.S.A. Chapter 137) does NOT apply to commercial leases. Commercial tenancies are governed by the lease terms and common law.

X. SERVICE OF NOTICE — VERMONT REQUIREMENTS

Vermont requires actual notice to the tenant under 9 V.S.A. § 4467(a). This means the tenant must actually receive the notice. Recommended service methods to ensure actual notice:

Method 1 — Personal Delivery (Strongly Recommended):
Deliver the notice directly to the tenant in person. This is the most reliable method to establish actual notice.

Method 2 — Leaving at Dwelling:
Leave a copy of the notice at the tenant's dwelling unit in a conspicuous place. This method is generally accepted as providing actual notice, but the landlord should also mail a copy to strengthen proof.

Method 3 — Certified Mail, Return Receipt Requested:
Mail the notice by certified mail with return receipt requested. The signed return receipt establishes the date of actual notice. Caution: If the tenant refuses delivery or fails to pick up the certified letter, actual notice may NOT be established.

Method 4 — Combination (Best Practice):
Deliver the notice personally AND send a copy by certified mail. This provides both actual notice and a documentary record.

CRITICAL — ACTUAL NOTICE REQUIRED: Vermont's 14-day period runs from the date of actual notice — the date the tenant actually receives the notice. If the landlord cannot prove the tenant received the notice, the notice may be defective. Mailing alone is insufficient unless the tenant actually receives the mailed notice within the required timeframe.

XI. CERTIFICATE OF SERVICE / PROOF OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I served this Fourteen-Day Notice to Pay Rent or Quit on the above-named Tenant(s) by the following method:

☐ Personal delivery to the Tenant at [__:__] ☐ a.m. ☐ p.m. at [________________________________]

☐ Left at dwelling — Left in a conspicuous place at the tenant's dwelling unit (specifically: [________________________________]) at [__:__] ☐ a.m. ☐ p.m. on [__/__/____]

☐ Certified mail, return receipt requested — Mailed on [__/__/____], tracking number: [________________________________]. Return receipt signed on [__/__/____].

☐ Combination — Delivered personally on [__/__/____] AND mailed by certified mail on [__/__/____], tracking number: [________________________________]

Description of person served (if personal delivery):

Name: [________________________________]

Approximate Age: [____]

Relationship to Tenant: [________________________________]

Signature of Server: ____________________________________

Printed Name: [________________________________]

Date: [__/__/____]

XII. LANDLORD / OWNER / AGENT SIGNATURE

Landlord/Owner/Agent Name: [________________________________]

Signature: ____________________________________

Date: [__/__/____]

Mailing Address:

[________________________________]

[________________________________]

Phone: [________________________________]

Email: [________________________________]

XIII. PRACTITIONER NOTES

A. Vermont-Specific Considerations:

1. Vermont's 14-day notice period is one of the longest in the nation for nonpayment of rent
2. The notice period runs from actual notice, not from mailing — the landlord must prove the tenant actually received the notice
3. The tenant has a pay-and-stay right (9 V.S.A. § 4467(b)) that allows them to defeat an ejectment action by paying all arrears, interest, and costs before judgment — but only once per 12 months
4. Partial payments do NOT waive the landlord's right to proceed with ejectment (9 V.S.A. § 4467(c)) — this is an important distinction from many other states
5. Vermont's self-help eviction prohibition (9 V.S.A. § 4463) is strictly enforced
6. The retaliatory eviction presumption (90-day window) is among the strongest in the country
7. Vermont ejectment cases are heard in Superior Court — Civil Division, not in a lower court

B. Common Defects That Invalidate This Notice:

1. Failure to provide 14 days' actual notice (mailing without proof of receipt)
2. Setting the termination date fewer than 14 days after actual notice
3. Incorrect amount demanded
4. Failure to specify the termination date
5. Failure to specify the amount of unpaid rent
6. Serving the notice before rent is actually due under the lease

C. Best Practices:

1. Always attempt personal delivery first — this is the surest way to establish actual notice
2. Use a combination of personal delivery AND certified mail for maximum protection
3. Keep detailed records of the date and method of service
4. Track the 12-month cure period carefully — know whether the tenant has previously cured a nonpayment default
5. Be prepared for the tenant to exercise the pay-and-stay right up until judgment
6. Do not refuse partial payments — Vermont law allows partial acceptance without waiver
7. File the ejectment action promptly after the termination date passes

D. Ejectment Timeline (Approximate):

NOTE: Vermont's ejectment process through Superior Court is generally longer than the eviction process in states that use expedited proceedings in lower courts. Plan accordingly.

E. Seasonal and Weather Considerations:

Vermont courts have historically been reluctant to order winter evictions, particularly in rural areas. While there is no statutory prohibition on winter evictions, practitioners should be aware that some judges may exercise discretion to delay enforcement during extreme winter weather.

This document is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed Vermont attorney before serving this notice or commencing eviction proceedings. Vermont law is subject to change; verify all statutory citations against current law.