How Much Notice is Required to Terminate an Oral Lease in Vermont?
Full Question:
Answer:
A tenant without a writen lease is generally considered a month-to-month-tenant-at-will. The answer will depend on the reason for termination. For example, without cause, 60 days written notice may be required. For non-payment of rent, only 14 days' written notice may be required.
Please see the following Vermont statute to determine applicability:
9 V.S.A. § 4467. Termination of tenancy; notice
(a) Termination for nonpayment of rent. The landlord may terminate a
tenancy for nonpayment of rent by providing actual notice to the tenant
of the date on which the tenancy will terminate which shall be at least 14
days after the date of the actual notice. The rental agreement shall not
terminate if the tenant pays or tenders rent due through the end of the
rental period in which payment is made or tendered. Acceptance of partial
payment of rent shall not constitute a waiver of the landlord's remedies
for nonpayment of rent.
(b) Termination for breach of rental agreement.
(1) The landlord may terminate a tenancy for failure of the tenant to
comply with a material term of the rental agreement or with obligations
imposed under this chapter, by actual notice given to the tenant at least
30 days prior to the termination date specified in the notice.
(2) When termination is based on criminal activity, illegal drug
activity, or acts of violence any of which threaten the health or safety
of other residents, the landlord may terminate the tenancy by providing
actual notice to the tenant of the date on which the tenancy will
terminate which shall be at least 14 days from the date of the actual
notice.
(c) Termination for no cause. In the absence of a written rental
agreement, the landlord may terminate a tenancy for no cause as follows:
(1) If rent is payable on a monthly basis, by providing actual notice
to the tenant of the date on which the tenancy will terminate which shall
be:
(A) For tenants who have resided continuously in the same premises for
two years or less, at least 60 days after the date of the actual notice.
(B) For tenants who have resided continuously in the same premises for
more than two years, at least 90 days after the date of the actual
notice.
(2) If rent is payable on a weekly basis, by providing actual notice to
the tenant of the date on which the tenancy will terminate which shall be
at least 21 days after the date of the actual notice.
(d) Termination of rental agreement when property is sold. In the
absence of a written rental agreement a landlord who has contracted to
sell the building may terminate a tenancy by providing actual notice to
the tenant of the date on which the tenancy will terminate which shall be
at least 30 days after the date of the actual notice.
(e) Termination for no cause under terms of written rental agreement.
If there is a written rental agreement, the notice to terminate for no
cause shall be at least 30 days before the end or expiration of the
stated term of the rental agreement, if the tenancy has continued for two
years or less. The notice to terminate for no cause shall be at least 60
days before the end or expiration of the term of the rental agreement if
the tenancy has continued for more than two years. If there is a written
week-to-week rental agreement, the notice to terminate for no cause shall
be at least seven days; however, a notice to terminate for nonpayment of
rent shall be as provided in subsection (a) of this section.
(f) In all cases the termination date shall be specifically stated in
the notice.
(g) If the building is being converted to condominiums, notice shall be
given in accordance with subchapter 2 of chapter 15 of Title 27.
(h) A rental arrangement whereby a person rents to another individual
one or more rooms in his or her personal residence that includes the
shared use of any of the common living spaces, such as the living room,
kitchen or bathroom, may be terminated by either party by providing
actual notice to the other of the date the rental agreement shall
terminate, which shall be at least 15 days after the date of actual
notice if the rent is payable monthly and at least seven days after the
date of actual notice if the rent is payable weekly.
(i) Multiple notices. All actual notices that are in compliance with
this section shall not invalidate any other actual notice and shall be a
valid basis for commencing and maintaining an action for possession
pursuant to this chapter, chapter 153 of Title 10, chapter 14 of
Title 11, or chapter 169 of Title 12, notwithstanding that the notices may be
based on different or unrelated grounds, dates of termination, or that
the notices are sent at different times prior to or during an ejectment
action. A landlord may maintain an ejectment action and rely on as many
grounds for ejectment as are allowed by law at any time during the
eviction process.
(j)(1) A landlord's acceptance of full or partial rent payment by or on
behalf of a tenant after the termination of the tenancy for reasons other
than nonpayment of rent or at any time during the ejectment action shall
not result in the dismissal of an ejectment action or constitute a waiver
of the landlord's remedies to proceed with an eviction action based on
any of the following:
(A) The tenant's breach of the terms of a rental agreement pursuant to
subsection (b) of this section.
(B) The tenant's breach of the tenant's obligations pursuant to
subsections 4456(a), (b), and (c) of this title.
(C) For no cause pursuant to subsections (c), (d), (e), and (h) of this
section.
(2) This subsection shall apply to chapter 153 of Title 10, chapter 14
of Title 11, and chapter 169 of Title 12.
(k) A notice to terminate a tenancy shall be insufficient to support a
judgment of eviction unless the proceeding is commenced no later than 60
days from the termination date set forth in the notice.
(Added 1985, No. 175 (Adj. Sess.), § 1; amended 1999, No. 115 (Adj.
Sess.), §§ 2, 2a; 2007, No. 176 (Adj. Sess.), § 48.)
