[StuartGotts]

Originally Posted by somerheartless

Any possibility your tenant recently lost a job,is a single parent with 3 very young children (one hospitalized),entered into an automatic withdrawal agreement with you,with tenant making one full months back payment at that time (loss of job due to fact of mother staying with sick infant in hospital during medical procedures although did call in)In fact the same day you accepted the payment/agreement,you sent the eviction notice? Then call her elderly parents on a routine basis (who she does not obviously live with)and should not be informed of personal info,financial,medical or otherwise) without her consent.All the while demanding payment.May not be the same fellow and if not,please disregard.Just have the same situation so was curious.You would also have another property that is being foreclosed on by a bank (nothing to do with renters not paying rent) just your inability to make mortgage payments probably due to economic hardships which many encounter now especially with the economy as it is now.

This is certainly not my situation.

[68vette]

Originally Posted by somerheartless

Any possibility your tenant recently lost a job,is a single parent with 3 very young children (one hospitalized),entered into an automatic withdrawal agreement with you,with tenant making one full months back payment at that time (loss of job due to fact of mother staying with sick infant in hospital during medical procedures although did call in)In fact the same day you accepted the payment/agreement,you sent the eviction notice? Then call her elderly parents on a routine basis (who she does not obviously live with)and should not be informed of personal info,financial,medical or otherwise) without her consent.All the while demanding payment.May not be the same fellow and if not,please disregard.Just have the same situation so was curious.You would also have another property that is being foreclosed on by a bank (nothing to do with renters not paying rent) just your inability to make mortgage payments probably due to economic hardships which many encounter now especially with the economy as it is now.

How the situation is being handled I agree is wrong, but the landloard is entitled to his/her income no matter the situation. The state does offer help and In the case described, I am almost 100% certain the person would qualify. Contact Economic Services Division (ESD) in the link in my previous post to get some help. There may even be assistance for the medical bills as well, but I don't know that for a fact. Due to Vermonts growing homeless population, the assistance is designed to help prevent homelessness in Vermont.

[StuartGotts]

Just an update: things have gotten worse, they will not answer their phones or return calls! I looked into the paperwork and I'm not sure I am confident I can do it without a mistake. The frustrating part is that they will get free legal help and I'm going to have to hire someone. I WILL NEVER RENT IT AGAIN! I will leave it empty before I would do this again. Can anyone recommend an attorney?

[Julie*]

Hi,
My husband and I are landlords in VT and we have had to evict 3 tenants in the past 15 years. Each time we used Stuart Bennett in Shelburne. Burlington VT Law Firms - Vermont Lawyers - Stuart Bennett He is an expert at this.
Twice the process went all the way through the courts and ended with the sheriff's dept evicting the tenants while a locksmith changed the locks. It was awful but necessary. The other time my husband offered them $300 to leave immediately and they did but that was only after they had been served and we had a court date.
Good luck, it's a long and drawn out process.

Julie

[StuartGotts]

Thank you Julie. I will be calling them!

[Julie*]

Let me know how it all works out for you and good luck.

Julie

[harry70]

Do you know how much it costs if you have to go though a lawyer for the eviction process. I am in a similar situation where my tenant is not paying the rent and the problem is i am out of state now.

[FrugalYankee]

You don't need an attorney.
I'm a landlord and have evicted about five tenants in the past ten years. When I do it myself it takes two months. The last time was with the tenant from hell - the worst I've ever had. Got the Sheriff to show up on Christmas Eve at 11:00 AM because she wasn't going without a fight.
The first time I did it I didn't know what I was doing. hired an attorney who cost me about $2000 dollars and dragged things out.
Do it yourself and you're out about $150 court fee, $100 for the sheriff to serve papers (you can get a local constable to do it for less, but if you think they are going to fight you are better off getting the sheriff involved from the start) plus you'll be out the rent for however long they don't pay. I demand two months rent in security deposit so I only lose a few hudnred $$ when I have to evict.
If you're in Windsor county you're in luck - the judge at the Woodstock court does not have a soft spot in his heart for deadbeats.
Step one is send or hand deliver a formal eviction notice. Make sure you put the deadline in for them to move out and state that if they are not gone that you will start eviction procedures.
If they are willing to pay rent then YES, DCF will help them. But if they have an eviction on their record and an unpaid judgement, some of these agencies will not touch them with a ten-foot barge pole. I had the pleasure of getting a phone call recently when little miss tenant-from-hell applied to one and told them I had evicted her but she had paid off the judgment. They tracked me down and called me - I gave them the full story. She was about to get a state-paid apartment and they pulled the plug on her.
Anyway step two is the day after their deadline if they are not out, hike on to your courthouse and file suit for eviction. It's cut and dried, you'll have to sign an affidavit and pay a court fee. Take that paperwok straight to the sheriff and have them serve the papers. Again that'll cost you.
Once they've served papers you'll see where this goes and if you have to get ready to play hardball. Most of the tenants I've evicted have slunk away once they got the papers. Only two put up a fight - one was when the attorney handled it and the other was the last one.
If you want coaching send me a message - one time when I was evicting a gal, she went and got a lawyer. She never paid him and he ended up askingme for the Word documents I use for this since he is the attorney for the town housing program himself.
Good luck!

[jabvt33]

Originally Posted by FrugalYankee

You don't need an attorney.
I'm a landlord and have evicted about five tenants in the past ten years. When I do it myself it takes two months. The last time was with the tenant from hell - the worst I've ever had. Got the Sheriff to show up on Christmas Eve at 11:00 AM because she wasn't going without a fight.
The first time I did it I didn't know what I was doing. hired an attorney who cost me about $2000 dollars and dragged things out.
Do it yourself and you're out about $150 court fee, $100 for the sheriff to serve papers (you can get a local constable to do it for less, but if you think they are going to fight you are better off getting the sheriff involved from the start) plus you'll be out the rent for however long they don't pay. I demand two months rent in security deposit so I only lose a few hudnred $$ when I have to evict.
If you're in Windsor county you're in luck - the judge at the Woodstock court does not have a soft spot in his heart for deadbeats.
Step one is send or hand deliver a formal eviction notice. Make sure you put the deadline in for them to move out and state that if they are not gone that you will start eviction procedures.
If they are willing to pay rent then YES, DCF will help them. But if they have an eviction on their record and an unpaid judgement, some of these agencies will not touch them with a ten-foot barge pole. I had the pleasure of getting a phone call recently when little miss tenant-from-hell applied to one and told them I had evicted her but she had paid off the judgment. They tracked me down and called me - I gave them the full story. She was about to get a state-paid apartment and they pulled the plug on her.
Anyway step two is the day after their deadline if they are not out, hike on to your courthouse and file suit for eviction. It's cut and dried, you'll have to sign an affidavit and pay a court fee. Take that paperwok straight to the sheriff and have them serve the papers. Again that'll cost you.
Once they've served papers you'll see where this goes and if you have to get ready to play hardball. Most of the tenants I've evicted have slunk away once they got the papers. Only two put up a fight - one was when the attorney handled it and the other was the last one.
If you want coaching send me a message - one time when I was evicting a gal, she went and got a lawyer. She never paid him and he ended up askingme for the Word documents I use for this since he is the attorney for the town housing program himself.
Good luck!

Could you tell me where to get the form I need to file suit for eviction. I just came back from the court house and the lady there was no help at all. She advised me to seek legal counsel. She said that they did not have any sort of form there to fill out, that I had to file a motion. Any idea where I could get an example of this type of motion. I appreciate any help you can give me. I have already given the tenent the 14 day notice for non-payment of rent. It seems that what the lady at the court was telling me and what I have read in the VT Statutes are not the same.

Thanks
Julie

[FrugalYankee]

That is correct there is no form. You have to file a "complaint."

FYI here are the steps nicely laid out.
What Are the Steps in an Eviction? (Overview of Eviction Process) | www.vtlawhelp.org

The format of the complaint is to state who you are, who the defendant is, that you have a landlord -tenant relationship as proven by a lease, and that your tenant owes you money (or is engaging in some activity that violates the lease).

This is not for Vermont but the outline will work, just put in your names and names of tenant, county etc.
Complaint for Tenant Eviction Commerical for Sharing

If the tenant owes you money then you will have to file an affidavit to that effect to be submitted as proof.

Usually when you get there and pay the filing fee and submit the complaint they will ask for the affidavit and if you don't have one, give you a sample copy. Bring a pad of paper and a pen with you and you can hand wite the affidavit from their sample copy.

The clerks cannot and will not give legal advice. You have to have some idea what you are doing but they can answer specific questions (like if you ask how many days the tenant has to respond etc.)

Good luck