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
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 for over 45 years.
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.
KOW provides comprehensive services in all aspects of family law, such as adoption, dissolution of marriage, child custody, child support and domestic partnerships.
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.
§ 991. Definitions
In this subchapter, unless the context or subject matter otherwise requires:
(1) "Agricultural products" includes horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and any farm products.
(2) "Association" means any corporation organized under this chapter.
(3) "Associations" organized hereunder means nonprofit associations.
(4) "Consumers' cooperative" means a corporation organized under this chapter for the acquisition and distribution for the benefit of ultimate consumers of property, goods, commodities, or services.
(5) "Handcraft product" means any product fashioned primarily by hand with the final form and its characteristics shaped by hand and produced in the home or a small craft center by the artisan or craftsman in a skilled or artistic process rather than in an assembly line technique.
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.