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

Updated 1/21/2021 10:45 a.m.

News: Housing, rent and the COVID-19 Coronavirus Crisis

This page is about evictions. For mortgages and foreclosures, see our information about mortgage payments and foreclosures during the COVID-19 crisis.

You may have heard of an “eviction moratorium.” There are four laws or rules that affect Vermont evictions and foreclosures: the federal CARES Act of 2020, the federal Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA Act) signed on December 27, the Vermont Judiciary’s emergency rules, and a state law called S.333.

The federal CARES Act prevented non-payment rental terminations until July 24, 2020. After July 24, you may have protection if the building you live in has a federally backed mortgage and your landlord has a "forbearance" (which means their mortgage payments are postponed). During the period when the landlord is receiving forbearance, the landlord cannot:

start an eviction solely for non-payment of rent or other fees or charges
charge any late fees or penalties for late payments of rent, or
give a 30-day notice to vacate for any reason

Federally backed mortgages are those financed or guaranteed by Fannie Mae, Freddie Mac, USDA Rural Housing Service (USDA), RHD, U.S. Department of Housing and Urban Development (HUD) and Veteran’s Administration (VA).

Vermont law S.333 “stays” (pauses) all evictions as of May 14, 2020, until the governor declares an end to the state of emergency, and for some actions, for 30 days after that. (As of the date that we updated this page, the state of emergency has been extended to February 15, 2021. The governor announces state of emergency extensions or changes around the 15th of every month. See the governor's website.)

However, even though the Vermont eviction moratorium pauses evictions, a landlord can ask the court to proceed if the landlord says it is an emergency. If your landlord is claiming they need to evict you due to criminal activity, illegal drug activity, acts of violence, or other circumstances that seriously threaten the health or safety of other residents, contact us right away for advice.

In September, the Centers for Disease Control and Prevention (CDC) announced a nationwide moratorium (ban) on non-payment evictions for all tenants. The new CDC director is extending the CDC moratorium through at least March 31, 2021. Vermonters already have protections against eviction — as described on this page — as well as a statewide rent assistance program (a new program is expected in early 2021). Most Vermonters rely on the Vermont eviction moratorium. Our attorneys continue to explore whether the nationwide moratorium could be helpful. We’ll update this page with any important information.

Please read the information below and contact us with any questions about rent assistance, notices of termination, and eviction.

There is no rule, executive order or new law that says tenants don’t have to pay rent during the emergency period. The obligation to pay rent has not changed.

Be sure to check this page again as it will change whenever the rules change.

I got a notice of termination

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.

To learn more about notices of termination, see our Notice to Terminate Tenancy page.

I got a Summons and Complaint for eviction

All old and new cases are “stayed” (paused). (However, there is an exception for emergencies. If your landlord is claiming they need to evict you due to criminal activity, illegal drug activity, acts of violence, or other circumstances that seriously threaten the health or safety of other residents, contact us right away for advice.)

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.

I got a court paper that says there is a judgment, but there was no hearing

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.

I got a hearing notice

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.

I have an order to pay rent into court

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:

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,

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,

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.

I got a court motion from my landlord

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.

I got a Writ of Possession but want to stay in my home

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.