Understanding Evictions in Vermont
December 20, 2023

Legal Procedures and Tenant Rights

 

As a landlord in Vermont, understanding the legal procedures and tenant rights associated with evictions is essential for maintaining a harmonious landlord-tenant relationship. At Deppman Law, we recognize the complexities involved in eviction cases and aim to provide landlords with a comprehensive guide to navigating this process within the bounds of Vermont's laws.

 

Notice Requirements in Vermont

 

Before initiating an eviction, landlords in Vermont must adhere to specific notice requirements. The type of notice depends on the reason for eviction. For non-payment of rent, landlords typically provide a 14-day notice, while lease violations may warrant a 30-day notice. Understanding these notice requirements is critical to ensuring a legally sound eviction process.

 

Filing an Eviction Lawsuit

 

If the tenant fails to remedy the issue outlined in the notice within the stipulated timeframe, landlords can proceed to file an eviction lawsuit in the Vermont civil court. This legal action initiates the formal eviction process and requires careful attention to procedural details. Failure to follow these guidelines can result in unnecessary delays and losses. Deppman Law guides landlords through the documentation and filing process, ensuring all legal requirements are met.

 

Court Proceedings and Tenant Defenses

 

Once the eviction lawsuit is filed, a court hearing is scheduled. During this stage, tenants have the opportunity to present their defenses. Common defenses may include disputes over the facts presented in the eviction notice, claims of landlord retaliation, or arguments related to habitability issues. Landlords must be prepared to address these defenses while adhering to legal procedures.

 

Writ of Possession and Law Enforcement Involvement

 

If the court rules in favor of the landlord, a Writ of Possession may be issued. This document authorizes law enforcement to remove the tenant from the rental property if they fail to vacate voluntarily. Deppman Law assists landlords in obtaining and executing a Writ of Possession, ensuring a lawful and orderly eviction process.

 

Tenant Rights During Eviction

 

Vermont places a strong emphasis on tenant rights, even during the eviction process. It's important for landlords to be aware that tenants have the right to legal representation and are protected against retaliatory actions by landlords. Understanding and respecting these rights is not only a legal obligation but also contributes to a fair and ethical resolution.

 

Mitigating Eviction Risks — Prevention and Alternatives

 

At Deppman Law, we believe in proactive measures to mitigate eviction risks. Landlords are encouraged to implement thorough tenant screening processes, establish clear lease agreements, and maintain open lines of communication with tenants. Additionally, exploring alternatives to eviction, such as mediation, can lead to mutually agreeable solutions that preserve the landlord-tenant relationship.

 

Contact the Landlord-Tenant Team at Deppman Law Today

 

Navigating evictions in Vermont requires a nuanced understanding of legal procedures and tenant rights. At Deppman Law, we are dedicated to assisting landlords in conducting eviction processes that comply with Vermont's laws while respecting the rights of tenants. By staying informed about notice requirements, court proceedings, and tenant defenses, landlords can foster a legal and ethical resolution to eviction cases. For help with evictions or addressing legal concerns related to landlord-tenant relationships, contact Deppman Law today.

 


June 20, 2025
Estate planning may sound like something only the wealthy or elderly need to worry about, but in truth, it’s an essential part of life planning for every adult—regardless of age, wealth, or family structure. Whether you're a small business owner in Montpelier, a retiree in Middlebury, or a young parent in Burlington, having a clear and legally sound estate plan can protect your loved ones, preserve your assets, and provide peace of mind. In Vermont, as in most states, there are five core documents that form the foundation of a comprehensive estate plan. Each plays a specific role in ensuring your wishes are respected and your affairs are handled according to your preferences—both during your lifetime and after your death. Here’s a closer look at the five essential estate planning documents every Vermonter should have: 1. Last Will and Testament A will is the cornerstone of any estate plan. It outlines how you want your assets to be distributed after your death and names an executor to manage your estate. If you have minor children, your will is also the document where you nominate a guardian for them. Without a will, your estate will be distributed according to Vermont’s intestacy laws—which may not reflect your wishes. This process can be time-consuming, emotionally draining for your family, and lead to unintended outcomes. Even if your estate is modest, a will ensures clarity and can help your loved ones avoid unnecessary legal complications during an already difficult time. 2. Durable Power of Attorney A durable power of attorney (POA) allows you to name someone to handle your financial and legal affairs if you become incapacitated. This could include paying your bills, managing investments, filing taxes, or making other important decisions on your behalf. In Vermont, a POA remains in effect even if you become mentally or physically unable to manage your own affairs—hence the term durable. Without a POA, your loved ones may have to go through a costly and time-consuming court process to gain the authority to act on your behalf. Choosing a trusted agent now can spare your family considerable stress later. 3. Advance Directive for Health Care Also known as a health care proxy or medical power of attorney, an advance directive allows you to appoint someone to make medical decisions for you if you are unable to do so yourself. This includes decisions about life-sustaining treatments, organ donation, and end-of-life care. Vermont has a specific form for advance directives, and completing one ensures your health care wishes are known and legally binding. Without this document, important medical decisions may fall to someone who doesn’t know your preferences—or disagreements among family members could create unnecessary tension. 4. HIPAA Authorization The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your medical records, but it can also make it difficult for loved ones to access information in an emergency. A HIPAA authorization allows you to name individuals who can access your medical records and communicate with your doctors. This is especially important if you have multiple family members who may need to coordinate your care or advocate on your behalf. Without this document, your loved ones may be left in the dark at a time when fast, informed decisions are critical. 5. Revocable Living Trust (Optional, But Strongly Recommended) While not every Vermonter needs a revocable living trust, it can be a powerful tool—especially if you own real estate, have a blended family, or want to avoid probate. A revocable living trust allows you to transfer ownership of your assets into a trust during your lifetime, with instructions for how they should be managed and distributed. You retain control of the assets while you're alive, and after your death, they can be distributed without going through the Vermont probate process. A trust also provides greater privacy, flexibility, and control, and can be particularly helpful for managing out-of-state property or planning for incapacity. Take Control of Your Legacy Estate planning isn’t just about preparing for the unexpected—it’s about making intentional decisions that protect your family, safeguard your assets, and reflect your values. At Deppman Law PLC, we help individuals and families throughout Vermont create customized estate plans that meet their specific needs—no matter how simple or complex. Whether you’re starting from scratch or need to update existing documents, we’re here to guide you through every step with care and clarity. Contact Benj or Lesley today to schedule a consultation and begin building your estate plan with confidence.
May 18, 2025
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