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Wednesday, May 30, 2012

Vermont



SUMMARY OF CHANGES TO VERMONT’S LANDLORD/TENANT LAW
9 V.S.A. §4465(c)


RETALIATORY CONDUCT PROHIBITED 
EXISTING LAW ON RETALIATION (This part of the law remains in place): 
(a) A landlord of a residential dwelling unit may not retaliate by establishing or changing terms of a 
rental agreement or by bringing or threatening to bring an action against a tenant who: 
(1) Has complained to a governmental agency charged with responsibility for enforcement of a 

building, housing or health regulation of a violation applicable to the premises materially 
affecting health and safety; 
(2) Has complained to the landlord of a violation of this chapter; or 
(3) Has organized or become a member of a tenant’s union or similar organization.

(b)  If the landlord acts in violation of this section, the tenant is entitled to recover damages and New Vitality Promo Code - $10 OFF All Orders Over $50
reasonable attorney’s fees and has a defense to any retaliatory action for possession. 
NEW ANTI-RETALIATION LANGUAGE IS ADDED: 
If a landlord serves notice of termination of tenancy on any grounds other than for nonpayment of rent 
within 90 days after notice by any municipal or state governmental entity that the premises are not in 
compliance with applicable health or safety regulations, 


there is a rebuttable presumption that any 
termination by the landlord is in retaliation for the tenant having reported the noncompliance. 
Effect of this change: It automatically places on a landlord the burden of proof that an eviction is not 
retaliatory if he or she attempts to evict a tenant for anything other than nonpayment of rent within 90 days 
after an inspector finds noncompliance with rental housing health or safety code. 
9 V.S.A. §4467 TERMINATION OF TENANCY
Multiple termination notices:  

Under the old law if a landlord gave a notice of termination of tenancy for cause, or no cause, and then later 
gave another notice for a different cause the subsequent notice could end the eviction process that was started 
by the earlier notice.  Under the new law any number of legally valid termination notices may be outstanding 
without ending the eviction action begun by previous ones. 

Acceptance of full or partial rental payment by a landlord does not stop an eviction:
Under the new law a landlord’s acceptance of full or partial rental payment made by a tenant or on a tenant’s NightSkin™ Reduces the Appearance of Wrinkles Look Younger Overnight, Only $49.95 or Buy 2 Get 1 Free
behalf will not end an eviction action.
 A 60 day deadline for action on termination notices: 
A notice to terminate a tenancy will not be sufficient in a court action for eviction unless the court proceeding is 
started no later than 60 days from the termination date given in the notice of termination. 

Nonpayment of rent:
Under the old law

(in title 9 of the statutes) a tenant was able to stop an eviction for nonpayment of rent three 
times in any 12 month period by paying, within 14 days of receiving written notice of termination, back rent 
due.  Changes in the new law allow the landlord to require the tenant to pay all the rent due through the end of 
the rental period in which the payment is made.  For example:  If the tenant receives notice of termination of  
tenancy for nonpayment of rent on March 20


and makes the payment on or after April 1
st
, the payment must be 
for all rent due including all of April’s rent not just what was due before April 1.  The old law’s limit of doing 
this no more than three times in any twelve month period has been dropped in the new law. 


9 V.S.A. §4467 TERMINATION OF TENANCY; NOTICE   
Termination for breach of rental agreement: 
Under the old law a minimum of 30 days termination notice was required for eviction based on a breach of a 
rental agreement.  Under the new law if the termination is based on criminal activity, illegal drug activity, or 
acts of violence which threaten the health or safety of other residents, the landlord may terminate the tenancy 
with 14 days notice. 


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Termination for no cause under the terms of a written rental agreement: 
This section of the new law establishes that a termination notice of at least 30 days (with occupancy of two 
years or less) or 60 days notice (with occupancy of more than 2 years)
must be given to a tenant before the 
expiration date of a written lease if a landlord intends for the tenancy to be terminate for no cause.   cvoeo.org


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