Vermont Notice to Terminate Tenancy Without Cause (60 / 90 / 30 / 60 Day Tiered)

VERMONT NOTICE TO TERMINATE TENANCY WITHOUT CAUSE

TABLE OF CONTENTS

1. Caption / Heading
2. Notice Recipient and Premises
3. Tenancy Background
4. Tier Selection and Statutory Notice Period
5. Termination Date
6. Reason — Facially "No Cause" / Sale Disclosure
7. Tenant Rights and Resources
8. Anti-Retaliation Statement
9. Anti-Discrimination Statement
10. Burlington Just Cause Notice (Conditional)
11. Self-Help Disclaimer
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 WITHOUT CAUSE

Issued Pursuant to 9 V.S.A. § 4467(c), (d), and/or (e)

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") are the subject of this Notice.

3. TENANCY BACKGROUND

3.1. Type of Rental Agreement (check one):

☐ Oral month-to-month tenancy.

☐ Oral week-to-week tenancy.

☐ Written rental agreement dated [__/__/____], with a stated term ending [__/__/____].

☐ Written rental agreement on month-to-month terms after expiration of any initial term.

3.2. Continuous Residence Length: Tenant has resided continuously in the Premises since approximately [__/__/____], which is (check one):

☐ Two (2) years or less as of the date of this Notice.

☐ More than two (2) years as of the date of this Notice.

3.3. Rental Period: [Monthly / Weekly], with rent due on the [__] day of each rental period.

3.4. Current Rent: $ [________] per [month / week].

4. TIER SELECTION AND STATUTORY NOTICE PERIOD

This Notice is issued under (check ONE):

☐ A. 9 V.S.A. § 4467(c)(1) — 60 DAYS: Oral / no written rental agreement; month-to-month; tenancy of two (2) years or less. Notice period: at least 60 days from actual notice.

☐ B. 9 V.S.A. § 4467(c)(1) — 90 DAYS: Oral / no written rental agreement; month-to-month; tenancy of more than two (2) years. Notice period: at least 90 days from actual notice.

☐ C. 9 V.S.A. § 4467(c) — 21 DAYS: Oral / no written rental agreement; week-to-week. Notice period: at least 21 days from actual notice.

☐ D. 9 V.S.A. § 4467(e) — 30 DAYS: Written rental agreement; tenancy of two (2) years or less; notice issued before end/expiration of stated term. Notice period: at least 30 days before the end/expiration of the rental agreement term.

☐ E. 9 V.S.A. § 4467(e) — 60 DAYS: Written rental agreement; tenancy of more than two (2) years; notice issued before end/expiration of stated term. Notice period: at least 60 days before the end/expiration of the rental agreement term.

☐ F. 9 V.S.A. § 4467(e) — 7 DAYS: Written rental agreement; week-to-week. Notice period: at least 7 days before the end/expiration of the rental agreement term.

☐ G. 9 V.S.A. § 4467(d) — 30 DAYS (SALE): Termination based on sale of the property. Notice period: at least 30 days from actual notice.

5. TERMINATION DATE

The termination date specifically stated in this Notice, on which Tenant must vacate and surrender possession of the Premises, is: [__/__/____].

(This date is at least the statutory minimum from the date of actual notice for the selected tier above.)

After the termination date, Tenant has no right to occupy the Premises. If Tenant remains, Landlord shall commence an ejectment action under 12 V.S.A. ch. 169.

6. REASON — FACIALLY "NO CAUSE" / SALE DISCLOSURE

This Notice is issued without alleging cause for termination, except to the extent (check, if applicable):

☐ Termination is in connection with a sale of the property to [BUYER NAME / "a third-party purchaser"], scheduled to close on or about [__/__/____], pursuant to 9 V.S.A. § 4467(d).

Landlord makes no allegation of breach by Tenant in this Notice.

7. TENANT RIGHTS AND RESOURCES

YOU ARE NOTIFIED that:

☐ Right to Counsel. Free or low-cost legal 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.

☐ 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 (defective notice, retaliation, discrimination, warranty of habitability, 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).

☐ Time to Find Replacement Housing. Tenant is encouraged to begin searching for replacement housing immediately. Vermont 211 (dial 211) and local Community Action agencies (CVOEO, BROC, NEKCA, SEVCA, CVCAC) can assist with rental search, security-deposit assistance, and emergency rental assistance.

☐ Security Deposit Return. Pursuant to 9 V.S.A. § 4461, Landlord must return any security deposit (with itemized statement of deductions for unpaid rent, damage beyond normal wear, utility charges authorized by lease, and abandoned-property removal) within 14 days after Landlord discovers Tenant has vacated. Willful failure to return forfeits all deductions and exposes Landlord to double damages and attorney fees.

☐ No Retaliation or Discrimination. Tenant has the right to raise retaliation (9 V.S.A. § 4465) and discrimination (9 V.S.A. § 4503; federal Fair Housing Act) defenses if grounds exist.

8. ANTI-RETALIATION STATEMENT

Landlord affirms that this Notice is NOT issued in retaliation for any complaint by Tenant to a government agency, any organization of tenants, or any exercise by Tenant of rights under 9 V.S.A. ch. 137, the Vermont or federal Fair Housing Act, or any other law. Landlord acknowledges 9 V.S.A. § 4465 and the rebuttable presumption of retaliation that arises if termination is initiated within 90 days of a government compliance notice or tenant complaint.

9. ANTI-DISCRIMINATION STATEMENT

Landlord affirms that this Notice is NOT issued on the basis of any class protected by the Vermont Fair Housing Act, 9 V.S.A. § 4503 (race, color, religion, sex, sexual orientation, gender identity, age, marital status, national origin, citizenship, immigration status, disability, presence of minor children, receipt of public assistance, status as a victim of abuse/sexual assault/stalking, or other protected class), the federal Fair Housing Act (42 U.S.C. § 3601 et seq.), or VAWA.

10. BURLINGTON JUST CAUSE NOTICE (CONDITIONAL)

If the Premises are located in the City of Burlington and the Just Cause Eviction Charter Amendment (or other Burlington municipal eviction protection) is in force at the time of this Notice, Landlord acknowledges that this no-cause Notice may be unenforceable in Burlington, and Landlord shall, before commencing any ejectment action, comply with all enumerated-ground requirements and procedural prerequisites of the Burlington City Code.

11. 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 of the Premises outside the proper court process under 12 V.S.A. ch. 169. Violations expose Landlord to damages, costs, and attorney's fees under 9 V.S.A. § 4464.

12. RESERVATION OF RIGHTS

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 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 Terminate Tenancy Without Cause 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. Continuous-residence calculation. Vermont measures tenure for tiering purposes by continuous residence — not by the length of any single lease term. Renewals, hold-overs, and successive month-to-month periods are aggregated.

15.2. Computing the 60/90 days. Calendar days, including weekends and holidays. Best practice: pick a calendar date that comfortably exceeds the statutory minimum, and count from the date of actual notice (delivery), not the date of preparation.

15.3. Mid-period vs. end-of-period termination. § 4467(c)(1) allows the termination date to fall on a day other than the last day of a rental period. § 4467(e), governing written agreements, ties termination to the end/expiration of the stated term.

15.4. Sale of property. Under § 4467(d), termination based on sale requires at least 30 days' notice from actual notice, but may not be used to evade other tier requirements; counsel review is essential, especially where the sale is to an investor who intends to continue renting.

15.5. Burlington / Brattleboro / Montpelier. Confirm the current state of municipal just-cause regimes immediately before service. The Burlington 2021 Charter Amendment and analogous Brattleboro/Montpelier proposals have moved repeatedly through the State Legislature with veto/override drama; status changes session by session.

15.6. Subsidized tenancies. In Section 8 HCV, public housing, LIHTC, and RD-515 housing, no-cause termination is generally barred or sharply limited; HUD form notices and federal "good cause" requirements apply. Do NOT use this template for these programs.

15.7. Mobile home parks. 10 V.S.A. ch. 153 governs lot rent terminations and provides much longer notice and substantive protections; this template does NOT apply.

15.8. Retaliation and discrimination defenses are likely. Even when a termination is facially no-cause, Tenant retains the right to assert retaliation (90-day rebuttable presumption) and discrimination defenses in any subsequent ejectment action.

15.9. Filing window after notice expires. 9 V.S.A. § 4467 contemplates that ejectment proceedings be commenced within a reasonable time after the termination date; some practitioners observe an internal 60-day filing window. Stale notices invite waiver and revival arguments.

15.10. Security deposit after surrender. Under 9 V.S.A. § 4461, Landlord must return the deposit (with itemized deductions) within 14 days after discovering Tenant vacated; willful failure forfeits all deductions and triggers double damages plus attorney fees.

16. SOURCES AND REFERENCES

• 9 V.S.A. § 4467 — Termination of tenancy; notice (tiered no-cause periods). Available at: https://legislature.vermont.gov/statutes/section/09/137/04467
• 9 V.S.A. § 4461 — Security deposits. Available at: https://legislature.vermont.gov/statutes/section/09/137/04461
• 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
• CVOEO — Notice Periods for Vermont Tenants. Available at: https://www.cvoeo.org/notice-periods
• VTLawHelp.org — Evictions in Vermont. Available at: https://vtlawhelp.org/evictions
• Vermont Judiciary — Eviction Process. Available at: https://www.vermontjudiciary.org/civil/eviction-process
• Burlington Just Cause Eviction Charter Amendment (history). See VTDigger and the City of Burlington Clerk's Office.
• Federal Fair Housing Act, 42 U.S.C. § 3601 et seq.
• VAWA, 34 U.S.C. § 12491.
• 10 V.S.A. ch. 153 — Mobile Home Parks. Available at: https://legislature.vermont.gov/statutes/fullchapter/10/153

END OF NOTICE.