Vermont H 688: An act relating to addressing climate change

Bill Text

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VT LEG #385398 v.2
H.688 1
Introduced by Representative Dolgin of St. Johnsbury 2
Referred to Committee on 3
Date: 4
Subject: Commerce and trade; housing; landlord tenant; residential rental 5
agreements; court procedure 6
Statement of purpose of bill as introduced: This bill proposes to reduce the 7
timelines for notice of eviction under a residential rental agreement; authorize 8
the use of alternate service of process throughout a civil proceeding; require a 9
defendant to answer an ejectment complaint withing five business days; 10
remove the option of paying a partial rental payment into court when ordered; 11
clarify that criminal mischief includes property damaged by a leasehold; and 12
reduce the timelines for both service of a writ of possession and for disposing 13
of personal property left after the service of a writ of possession. 14
An act relating to timelines and process for residential evictions 15
It is hereby enacted by the General Assembly of the State of Vermont: 16
Sec. 1. 9 V.S.A. § 4467 is amended to read: 17
§ 4467. TERMINATION OF TENANCY; NOTICE 18
(a) Termination for nonpayment of rent. The landlord may terminate a 19
tenancy for nonpayment of rent by providing actual notice to the tenant of the 20

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VT LEG #385398 v.2
date on which the tenancy will terminate, which shall be at least 14 three days 1
after the date of the actual notice. The rental agreement shall not terminate if 2
the tenant pays or tenders rent due through the end of the rental period in 3
which payment is made or tendered. Acceptance of partial payment of rent 4
shall not constitute a waiver of the landlord’s remedies for nonpayment of rent 5
or an accord and satisfaction for nonpayment of rent. 6
(b) Termination for breach of rental agreement. 7
(1) The landlord may terminate a tenancy for failure of the tenant to 8
comply with a material term of the rental agreement or with obligations 9
imposed under this chapter by actual notice given to the tenant at least 30 three 10
days prior to the termination date specified in the notice. 11
(2) When termination is based on criminal activity, illegal drug activity, 12
or acts of violence, any of which threaten the health or safety of other 13
residents, the landlord may terminate the tenancy by providing actual notice to 14
the tenant of the date on which the tenancy will terminate, which shall be at 15
least 14 three days from the date of the actual notice. 16
(c) Termination for no cause. In the absence of a written rental agreement, 17
the landlord may terminate a tenancy for no cause as follows: 18
(1) If rent is payable on a monthly basis, by providing actual notice to 19
the tenant of the date on which the tenancy will terminate, which shall be: 20

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(A) for tenants who have resided continuously in the same premises 1
for two years or less, at least 60 days after the date of the actual notice; 2
(B) for tenants who have resided continuously in the same premises 3
for more than two years, at least 90 days after the date of the actual notice. 4
(2) If rent is payable on a weekly basis, by providing actual notice to the 5
tenant of the date on which the tenancy will terminate, which shall be at least 6
21 three days after the date of the actual notice. 7
(d) Termination of rental agreement when property is sold. In the absence 8
of a written rental agreement a landlord who has contracted to sell the building 9
may terminate a tenancy by providing actual notice to the tenant of the date on 10
which the tenancy will terminate, which shall be at least 30 days after the date 11
of the actual notice. 12
(e) Termination for no cause under terms of written rental agreement. If 13
there is a written rental agreement, the notice to terminate for no cause shall be 14
at least 30 days before the end or expiration of the stated term of the rental 15
agreement if the tenancy has continued for two years or less. The notice to 16
terminate for no cause shall be at least 60 days before the end or expiration of 17
the term of the rental agreement if the tenancy has continued for more than two 18
years. If there is a written week-to-week rental agreement, the notice to 19
terminate for no cause shall be at least seven three days; however, a notice to 20

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VT LEG #385398 v.2
terminate for nonpayment of rent shall be as provided in subsection (a) of this 1
section. 2
(f) Termination date. In all cases, the termination date shall be specifically 3
stated in the notice. 4
(g) Conversion to condominium. If the building is being converted to 5
condominiums, notice shall be given in accordance with 27 V.S.A. chapter 15, 6
subchapter 2. 7
(h) Termination of shared occupancy. A rental arrangement whereby a 8
person rents to another individual one or more rooms in his or her the person’s 9
personal residen