The Eviction Moratorium (Ban) in Vermont During the COVID-19 Crisis

Many landlords are not allowed to give you a notice of termination during the crisis, but some are allowed.   

Not allowed: 

• Notices for non-payment or no cause if you live in a subsidized building.

• Notices for non-payment if you have a tenant-based subsidy (voucher).

• Notices for non-payment if your landlord’s mortgage is federally backed (Fannie Mae, Freddie Mac, USDA, RHD, HUD, Veteran’s Administration).

• If the notice is not allowed, and you get it between March 27 and July 24, 2020, the notice is not effective to terminate your tenancy.

• If a court eviction says you got a notice for non-payment between March 27 and July 24, 2020 — or after that date if your landlord has a forbearance on their mortgage payments — you may be protected. If you do not know what kind of a mortgage your landlord has, or if they have a forbearance (which means their mortgage payments are postponed), ask the court to order the landlord to prove that they are authorized to bring this action. Contact us for help figuring out what your options are. 

Allowed: 

• Notices because you violated your lease or rental agreement.

• Notices for any reason from private landlords with no mortgage or a mortgage which is not federally backed.

• If you get a court eviction and you do not know what kind of a mortgage your landlord has, if any, ask the court to order the landlord to prove that they are authorized to bring this action.

All old and new cases are “stayed” (paused). But it is a good idea to write an answer anyway if you have received a summons and complaint. You don’t want to take the chance that the court will give your landlord a judgment by default because you didn’t send an answer. Answer even if you are past the 21 day deadline. You can use our Answer form. 

All non-payment and no-cause cases are paused until 30 days after the governor lifts the State of Emergency by declaration.  

If the Complaint says you broke the lease or violated a rule, the court could schedule the case as soon as the governor lifts the State of Emergency by declaration. 

Contact us for help figuring out what your options are. 

Probably the landlord got a “default judgment” against you. You may be able to ask the court to remove the default, and let you have a hearing. Contact us to ask for help. 

The only court hearings being scheduled now should be emergency hearings. Emergency hearings include those that say there has been criminal activity, illegal drug activity, acts of violence, or other circumstances that seriously threaten other residents. If you have gotten a notice of hearing, contact us to ask for help.

Continue to pay the rent into court. If you cannot pay all or some of the rent in the order, take all of these actions: 

1. Contact your landlord to see if they will agree to nonpayment or reduced payment of rent. If so, get that in writing. An email from your landlord is ok. And, 

2. Ask the court to reduce the amount you are ordered to pay into court.  

• Attach a copy of your landlord’s agreement if they have agreed to a smaller amount.   

• If the landlord has not agreed to reduced or no rent, tell the court your situation: how many are in your household, what money is coming into the household, your rent and expenses, and how much you can pay in rent right now, if anything 

• Send a copy to the court and to the attorney of the landlord (or the landlord if there is no attorney). Keep a copy. And, 

3. Keep paying whatever rent you can until you get a new order from the court. 

Take these actions, because if you haven’t paid the rent into court you were ordered to pay, after the governor declares the State of Emergency has ended, the court could issue a Writ of Possession for non-payment of your rent-into-court order. 

Contact us if you have questions. 

All old and new cases are “stayed” (paused), but it is a good idea to respond to the motion anyway.   

• If it is a motion to pay rent into court, and your income is reduced because of the crisis, your written response can include the reasons you can’t afford to pay the whole rent right now. (See above.) 

• If it is a Motion for Summary Judgment, your written response can disagree with the landlord’s facts. Contact us to ask for help.

Writs of Possession are “stayed” (paused). After the governor declares the State of Emergency over, it must be served on you again.   

If you get a Writ of Possession during the State of Emergency, it is a good idea to file a Motion to Stay the Writ. That way, when the emergency is declared over, the court could decide the Writ cannot be served again. Contact us to ask for help.

Here are some reasons to give the court to Stay the Writ of Possession: 

• Your income was reduced because of the crisis, and you have no money to move. 

• You are eligible for back rent help from the State, but the program hasn’t made money available yet. 

• You have a medically vulnerable person in your household, and it isn’t safe to go out looking for new apartments. 

 Even if you have already gotten a Writ of Possession, you may be able to end an eviction case: 

• If the eviction is for non-payment 

• If you pay all the back rent owed, and the filing fee and service costs into court 

• You write a motion to the court that you paid into court and the case should be dismissed pursuant to 12 V.S.A. § 4773.