On Your Own; Your Legal Right @ Eighteen On Your Own formatted final version | Page 62

to less than 60 days, but, except in cases of nonpayment of rent, under no
circumstances may the lease allow the landlord to give less than 14 days
notice of termination if rent is payable monthly, and 7 days if payable
weekly.
Subleases
Be careful when dealing with subleases. If you have a year-long lease and
you are moving away for the summer, or if you are only looking to rent a
property for a few months, you might want to consider a “sublease,”
meaning that a tenant is renting the property to a sub-tenant. Subleases
should only be entered into with the landlord’s permission, and it is highly
advisable to get that permission in writing. If a tenant is subletting an
apartment without the landlord’s permission and the lease prohibits
subleasing, the subtenant may be subject to an “expedited” eviction
action without many of the protections normally afforded tenants in
Vermont.
Going to Court
If the tenant hasn’t moved out (or caught up on rent, if the reason for
eviction is non-payment of rent) by the termination date in the notice, the
landlord can sue the tenant in court. The landlord must have the court
papers (Summons and Complaint) delivered to the tenant by a process
server, usually a sheriff. Once the tenant is served with a Summons, he or
she must give a written response (called an Answer) to the court and give
a copy of the Answer to the landlord’s lawyer within 20 days of being
served. If a written response is not filed, the court may issue “default
judgment,” which will likely allow the landlord to take possession of the
property soon thereafter.
Very often, in connection with the eviction action the landlord will also
seek a “rent escrow” order. If a rent escrow order is entered, it means
that the tenant must pay the monthly rent to the court while the eviction
is pending. If the tenant misses a payment, the landlord may get a writ of
possession allowing him or her to take possession of the property within
five days. Tenants may argue against the entry of a rent escrow order, and
it is a good idea to seek legal advice if you are facing a rent escrow hearing.
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