When the Landlord Wants You Out: The Notice to Terminate Tenancy

When you possess a unit, you have a tenancy. Having a tenancy means you have the right to live in the unit, and to keep others from the unit. The landlord’s ownership rights mean that the landlord can end the tenancy, and once the tenancy is ended, can take back possession of the unit.

A “termination notice” tells you that the landlord wants you to leave the unit and the date when the landlord wants you out. The termination notice must be in writing and is the only way to legally end a tenancy. The notice must be mailed to you or hand-delivered.

The notice can be a letter with no title or it can be a document with a title on top. It may say: Notice to Terminate Tenancy, Termination Notice, Termination of Rental Agreement, Termination of Lease, Eviction Notice, Notice to Vacate, Expiration Notice or Notice to Quit. It doesn’t need a signature, but it must come from the landlord or the landlord’s lawyer.

Regardless of the style, here we will call it a “termination notice.”

For a termination notice to be valid, it must state the date your tenancy will end. We call this the “termination date.” The notice must be sent or delivered a specified number of days in advance of the termination date. The number of days of advance notice depends on the reason to end the tenancy. The reasons and notice requirements are listed below, starting with “Termination for non-payment of rent.” You can also read the law at 9 V.S.A. § 4467.

If the notice was mailed, the law assumes that you got it three days after the date it was mailed. If it was hand-delivered, it can be brought to your address and left there. If you get a termination notice, write down the date you got it on the notice. This is important for protecting your rights.

The notice has to state the date of termination. The landlord cannot start a court case until after the termination date. 9 V.S.A. § 4468. But, the landlord can’t start a court case if more than 60 days since the termination date has passed. 9 V.S.A. § 4467(k).

When you get a termination notice, it can be upsetting. It's important to know that this is just the first step in a possible chain of events. No one can force you to move out by the termination date unless you want to move out.

When you get a termination notice, the first thing to do is figure out whether the notice follows the law. If the notice isn’t valid, you may not have to do anything. The sections below explain what must be stated in a notice for it to be valid.

If the notice is valid, you need to decide what you want to do. Remember, the termination notice is just the first step in the eviction process. Before you can be forced to leave, the landlord has to file a lawsuit and the court has to decide that the landlord can have possession.

Your options:

A. You can decide to move out

You are responsible for payment of rent until the termination date, unless you are able to give a notice that you will vacate sooner (one rental period in advance). 9 V.S.A. § 4456(d).

• You could ask the landlord if you can move out sooner and pay for only the time you live there. If the landlord agrees, get it in writing. Keep a copy for yourself.
• You can negotiate with your landlord about a date to leave, or terms under which you can stay.
• If you are in subsidized housing, you can appeal the reason for the termination in an informal hearing.

B. You can stay in your unit and wait until the landlord files a case in court

In court, you can:

• ask the court to decide if the notice was effective to terminate the rental agreement. [See below.]
• ask the court to decide if the delivery of the notice to you was proper
• dispute the landlord’s reason for the termination
• raise defenses to termination such as retaliation, illegal eviction or discrimination
• also file counterclaims against the landlord.

If you think you want to stay through court process, here are some considerations:

• If you go to court and lose, you may end up owing more money than rent to the landlord. You could owe court costs. If the court finds you violated your rental agreement or the RRAA, you could also owe the landlord’s attorney’s fees. 9 V.S.A. §§ 4456(e), 4468.
• Do you have a written rental agreement that says the tenant pays the landlord’s attorney’s fees if the landlord has to go to court? If so, if the landlord wins in court, you may be ordered to pay the landlord’s attorney fees.
• If you are behind on rent, you may have to pay rent into court while the court process goes on.

Learn more about the court process for eviction in Vermont.

The words in the notice must follow the law in order to be legally effective to end a rental agreement. 9 V.S.A. §§ 4467, 4468. Here are the things it should say:

• It needs to say that the landlord is ending the rental agreement. It should be a simple and clear statement that the tenancy is ending.
  • But, if the termination notice is for non-payment of rent, there are special rules. See “Termination for non-payment of rent,” below.
• It must give one of the legal reasons the reason the landlord is ending the tenancy. The landlord has to give the right amount of days of advance written notice. The number of days it gives depends on the reason the landlord is evicting you. Start counting from the day after you receive the notice, not the date it is mailed or the date on the letter or notice. 9 V.S.A. § 4451(1).
• It must state the date the tenancy is ending. 9 V.S.A. § 4467(f).

If you don’t keep up with your rent payments, your landlord may send a termination notice for non-payment of rent. To be legal, the termination notice for non-payment of rent must:

• be in writing
• state clearly that the landlord is ending the rental agreement
• state the termination date
• state the amount of rent due through the end of the rental period
• state that the rental agreement will not terminate if the rental amount due through end of the rental period is paid before the end of the rental period
• be received by you 14 days before the termination date stated in the notice. 9 V.S.A. §§ 4451(1), 4467(a).

Some notes about termination notices based on non-payment of rent

• It is a short period of time because the law favors a faster eviction if rent isn’t being paid.
• The law says you have a right to “cure” the landlord’s reason to end your tenancy. This is sometimes called your “right to redeem.”
• The termination notice for non-payment must inform you of that right. If you pay all the rent due, then the landlord can’t evict you for non-payment.
• The amount needed to cure is rent only. If you pay all the rent due you can keep your tenancy, even if you don’t pay for other things you owe the landlord.
• You may owe the landlord for charges other than rent, such as unpaid security deposit, lost-key fee, repair costs, or returned check charge. If there is a written rental agreement requiring payment of those items, failure to pay could be breach of rental agreement and a cause for termination, but the landlord must give 30 days’ notice for termination due to breach other than non-payment. [See “Termination for cause,” below.]
• If you live in subsidized housing,
  • and the subsidy is “site-specific,” the notice should advise you of your right to an informal conference or grievance hearing. If your owner/landlord agrees at the informal conference or grievance hearing to a payment plan, make sure the agreement is in writing and states that the termination notice is revoked.
  • and the subsidy is “tenant-based,” then you will only get a notice of termination of tenancy from your private landlord. Your landlord will not give you a notice of informal conference or grievance hearing. You have the same rights as a tenant without a subsidy. See our Subsidized Housing page.

Your landlord may send a termination notice if you broke the rules of the rental agreement or your duties in the RRAA. This is called a “for cause” termination. To be legal, the “for cause” notice must:

• be in writing
• state clearly that the landlord is ending the rental agreement
• state the reason for the termination:
  • state the specific rental agreement term or Residential Rental Agreements Act (RRAA) duty that the landlord thinks you violated
  • describe what you did that violated the rental agreement or your obligation under the RRAA. 9 V.S.A. § 4456.
• state the termination date
• be received by you
  • in most cases, 31 days before the termination date stated in the notice if hand-delivered, or 34 days before the termination date stated in the notice if sent by first class mail. 9 V.S.A. § 4451(1), 9 V.S.A. § 4467(b)(1).
  • If you breached the rental agreement by being involved in criminal activity, illegal drug activity or acts of violence, you must receive the notice at least 14 days before the termination date. 9 V.S.A. § 4451(1), 9 V.S.A. § 4467(b)(2).

Some notes about termination notices “for cause”

• In order for the court to decide that the rental agreement was effectively terminated by the notice, the landlord has to prove what you did that violated the rental agreement or the RRAA. If the landlord can’t prove what was stated in the notice, the court can find that the rental agreement was not terminated.
• If you live in subsidized housing,
  • and the subsidy is “site-specific,” the notice should advise you of your right to an informal conference or grievance hearing. If your landlord agrees at the informal conference or grievance hearing to a plan to make sure not more violations occur, make sure the agreement is in writing and states that the termination notice is revoked.
  • and the subsidy is “tenant-based,” then you will only get a notice of termination of tenancy from your private landlord. Your landlord will not give you a notice of informal conference or grievance hearing. You have the same rights as a tenant without a subsidy. See our Subsidized Housing page.

Your landlord may send a termination notice without stating any particular reason for the termination. This is called a “no cause” termination. To be legal, the “no cause” notice must:

• be in writing
• state clearly that the landlord is ending the rental agreement
• state the date of termination
• be sent in advance of the termination date as many days as are required by law — that length of time depends on how often you pay your rent, whether you have a written rental agreement and how long you have lived in the unit:
  • If you have a written rental agreement and you rent by the month, or the rental agreement is expiring
    • if you have lived there less than two years: at least 30 days. 9 V.S.A. § 4467(e)
    • if you have lived there more than two years: at least 60 days. 9 V.S.A. § 4467(e)
  • If you do not have a written rental agreement
    • if you lived there less than two years: at least 60 days. 9 V.S.A. § 4467(c)(1)(A)
    • if you lived there more than two years: at least 90 days. 9 V.S.A. § 4467(c)(1)(B)
  • If you rent weekly
    • and have a written rental agreement: at least 7 days or the amount stated in the rental agreement if that is longer. 9 V.S.A § 4467(e)
    • and do not have a written rental agreement: 21 days. 9 V.S.A. § 4467(c)(2)
  • If you rent a room and share common space:
    • if you rent monthly: 15 days. 9 V.S.A. § 4467(h)
    • if you rent weekly: 7 days. 9 V.S.A. § 4467(h)

Special rules for Burlington

The following rules apply to you if you live in Burlington.

When there is no written rental agreement, the landlord cannot end your tenancy for “no cause” unless they give you:

• at least 90 days’ advance written notice if you lived there for less than two years, or
• at least 120 days’ advance written notice if you lived there for two years or more. Ch. 18. Art. II § 18-29a.

Do you have a written lease or rental agreement? Then these special rules do not apply to you.

If you are not sure, we may be able to help you figure out what notice you are entitled to. Contact us.

To be legal, the notice to terminate when the property is being sold must:

• be in writing
• state clearly that the landlord is ending the rental agreement
• state that the landlord has contracted to sell the property. If the eviction goes to court, the landlord will have to prove at trial that at the time the notice was sent, the landlord had a contract to sell the property.
• state the date of termination
• be received by you at least 30 days before the termination date stated in the notice if hand-delivered, or 33 days before the termination date stated in the notice if sent by first class mail. 9 V.S.A. § 4451(1), 4467(d).

Note: If your rental agreement states a specific end date, the landlord cannot terminate the tenancy for no cause (including sale of property) before that date. 9 V.S.A. § 4463.

If your written rental agreement was for a specific period of time, your landlord can give you a termination notice with a termination date of the end of that period.

To be legal, the notice must:

• be in writing
• state clearly that the landlord is ending the rental agreement
• state that the termination is for no cause at the expiration of the stated term
• state the date of termination
• be received by you,
  • if you have lived there less than two years, at least 30 days before the termination date.
  • if you have lived there for more than two years, at least 60 days before the termination date.

Note: If your rental agreement is coming to an end, you are still entitled to a termination notice. Without a notice, your tenancy does not end. Learn more about what happens if you stay beyond the end of a written rental agreement.

The landlord can send multiple notices, based on different or unrelated grounds, dates of termination, or sent at different times. Any one of the multiple notices can be a valid basis for starting and continuing an eviction case. 9 V.S.A. § 4467(i).

Any one of the multiple notices can be a valid basis for starting and continuing an eviction case as long as 1) you get the written notice of termination at least the right number of days before the termination date, and 2) the termination date has passed. 9 V.S.A. § 4467(i).

Example 1: You pay rent by the month and have lived in your unit for less than two years. On March 5, your landlord hands you a proper termination notice for nonpayment of rent as well as a for no cause. The termination date for nonpayment of rent is March 20. The termination date for no cause is May 4. You do not pay the amount of rent due through the end of the rental period. Your landlord can file an eviction action on March 21.

Example 2: You pay rent by the month and have lived in your unit for less than two years. On March 5, your landlord hands you a proper termination notice for nonpayment of rent as well as a for no cause. The termination date for nonpayment of rent is March 20. The termination date for no cause is May 4. You pay the amount of rent due through the end of the rental period. Your landlord can file an eviction action on May 5.

Did you know?: Local Community Action Programs work with a program called the Housing Opportunity Program Grant (HOP) to help Vermonters who are homeless or at risk of not having a home. HOP may be able to help you pay:

• back rent
• first month's rent
• security deposits
• utilities
• moving costs, or
• short-term rental help.

Funds are limited and for rental housing only. Contact your local Community Action Program to see if HOP is an option for you.