§ 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 or an accord and satisfaction
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) Termination date. In all cases, the termination date shall be specifically stated in the notice.
(g) Conversion to condominium. If the building is being converted to condominiums, notice shall be given in accordance
with 27 V.S.A. chapter 15, subchapter 2.
(h) Termination of shared occupancy. 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, 10 V.S.A. chapter 153, 11 V.S.A. chapter 14, or 12 V.S.A. chapter 169, 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) Payment after termination; effect.
(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; or
(C) for no cause pursuant to subsections (c), (d), (e), and (h) of this section.
(2) This subsection shall apply to 10 V.S.A. chapter 153, 11 V.S.A. chapter 14, and 12 V.S.A. chapter 169.
(k) Commencement of ejectment action. A notice to terminate a tenancy shall be insufficient to support a judgment of eviction
unless the proceeding is commenced not 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; 2009, No. 129 (Adj. Sess.), § 2; 2021, No. 20, § 42.)