On Your Own; Your Legal Right @ Eighteen On Your Own formatted final version | Page 60

rent can be raised. If there is a written lease, the landlord may not increase
the rent during the duration of the lease term unless the lease specifically
allows it. In Burlington, the notice must come 90 days before the first day
of the new rental period.
Moving Out
With No Lease. If there is no written lease or other agreement, the law
requires that before moving out the tenant must give the landlord written
notice at least one rental payment period prior to the move-out date.
With a Written Lease. When a written lease expires it does not
automatically terminate the tenancy, unless the lease specifically states
that the tenancy terminates and the tenant must leave when the lease is
up. If the lease does not state this, the tenancy becomes month-to-month
after the lease expires and is then governed by the laws that regulate such
tenancies. Therefore, tenants who wish to move out at the end of the
lease term should give the landlord written notice of their intention at
least one full rental period before the lease expires.
Evictions
Eviction is the legal procedure used when a landlord wants a tenant to
move out of an apartment. The eviction process protects the rights of both
parties. A tenant is not “evicted” until the entire court process is complete,
a judge issues an order, and the order is delivered to the tenant. Under no
circumstances may a landlord remove a tenant who is still living in an
apartment without first getting a judge’s order to do so.
If a landlord wants to evict a tenant, he or she must first give the tenant a
notice to vacate. Proper notice must be written, give the reason for the
eviction, include the termination date, and be properly furnished to the
tenant a specific period of time in advance. The amount of advance notice
the tenant receives depends on the reason for the eviction.
If a tenant hasn’t moved by the termination date, the landlord can sue the
tenant in court to get him or her out.
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