CHANGE IN VERMONT LANDLORD/TENANT LAW FAVORS LANDLORDS
A recent amendment to Vermont’s Landlord/Tenant law permits landlords to evict unauthorized subtenants in an expedited fashion. Tenants will often sublet portions of a dwelling to subtenants in order to collect rent. This is frequently done without the Landlord’s knowledge and consent and can result in a complicated eviction case against unknown subtenants.
Under the amended statute the Landlord can file a motion with the original eviction papers and upon hearing in 10 days notice obtain an immediate writ of possession against the subtenants upon showing that the subtenant is occupying the dwelling unit without permission and that the rental agreement prohibits subleasing. The eviction case would then proceed against the original tenants who have signed the lease with the landlord.
When drafting a negotiating residential lease agreements, it is important for Landlords to include a provision prohibiting the assignment and/or subleasing of the unit to others.
- Herbert J. Downing
Renting in Vermont
Information Handbook for Tenants & Landlords
Kolvoord Overton Wilson, P.C. is a general practice law firm located in Essex Junction, Vermont. The firm has provided an unparalleled level of legal representation to Northern Vermont since 1958.
KOW represents purchasers, sellers, owners, developers, tenants, and lenders in development, construction, financing, leasing, sale and purchase of commercial and residential real property. Our real estate practice ranges from simple sales to complex development or tax deferred exchanges.
KOW provides comprehensive litigation services in matters including contract disputes, tort claims, foreclosures, creditors rights, construction defects, personal injury, wrongful death, medical malpractice and products liability.
ESTATE PLANNING AND PROBATE
KOW provides estate planning services for individuals and families. We assist clients with the formation of trusts, wills, medical directives and other services that will make the process of handling their estates as smooth and as efficient as possible for their heirs. We also assist clients navigate the probate process when it comes to matters such as estate administration or guardianship matters.
Landlord / tenant
KOW represents landlords in all aspects of the residential eviction process including preparation and service of lease termination notices, filing eviction suits in the Superior Court, representation of landlords at rent escrow hearings, trials, and recovery of damage and back rent claims.
Kolvoord, Overton & Wilson, P.C. has received the rating of "AV" by Martindale-Hubbell, which is the highest designation of professional excellence awarded through the organization's peer review rating system.