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Old 11-16-2010, 03:32 PM
 
866 posts, read 900,474 times
Reputation: 1759

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I am currently renting to a tenant who is behind in their rent. Has been late since the second month. I will be sending an eviciton notice but here is my question: Is there a form I use at superior court for thenext step? I assume I would go to the one in Woodstock and file something there???

Please don't think I'm a cold hearted slumlord. I've been very flexible with tenants in the past but I am strapped financially myself to the point of not making my mortgage either.
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Old 11-20-2010, 04:34 AM
 
1,135 posts, read 1,836,019 times
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Just another angle to consider.....I am property manager for a two unit and at one point BOTH tenants quit paying rent. The owner,who is in TX, began sending eviction letters and the process was taking months; all the while they were running up water/elect bills. Iwent and offered each to rent a Uhaul and help them move. They both agreed, just needed the push and they couldn't afford the darn Uhaul. So, within one week, I had gotten rid of both tennants at a cost of $200 each. Granted my back was pretty sore, but?

Believe me, people know when they aren't paying and are looking for somewhere to go anyway. Sometimes they can't afford a $100 truck. Since the law is on the side of the tennant, you are looking at a several month drawn out process. If you are including heat, winter is here. Send your eviction notice first, by registered mail stating that if you don't receive money you will file with the courts. This lets the tennant know you mean business. Then offer to help them move. It will save you money and grief in the long run.
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Old 11-21-2010, 02:41 PM
 
Location: native vermoner (the T is silent) :)
43 posts, read 123,926 times
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I have a friend who had to evict a tenant and it was a nightmare. Even though the law was on my friends side, it turned into a 10 month process.
Now that it's getting to be winter, (and if they have kids) it'll be EVEN harder. Best of luck.
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Old 11-22-2010, 09:01 AM
 
325 posts, read 615,842 times
Reputation: 168
Burlington law prohibits eviction during winter, so even if you get a court order, you won't be able to enforce it until the first day of spring. FYI.
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Old 11-23-2010, 06:52 AM
 
Location: Live - VT, Work - MA
819 posts, read 1,267,301 times
Reputation: 606
Quote:
Originally Posted by Evan_Lanctot View Post
Burlington law prohibits eviction during winter, so even if you get a court order, you won't be able to enforce it until the first day of spring. FYI.

This feels so foul to me it isn't even funny.........
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Old 11-25-2010, 06:05 AM
 
866 posts, read 900,474 times
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The tenant does have 3 children and I wouldn't expect them to leave until the end of the school year. I am still hoping we can work something out. It would even be in my best interest to offer them cash to leave. I was just hoping to have all my bases covered for the Spring.
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Old 01-04-2011, 10:18 AM
 
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I am going through the process in Windham. You can evict in Winter for non-payment of rent. The requirement in VT is to provide a 14 day termination of tenancy, if they do not pay back rent or vacate then you file the complaint and summons in court. There is a summons form on the www.vermontjudiciary.com (broken link) website, but only guidance of the complaint. If you can afford a lawyer it will save lots of study time and possibility of getting it wrong. I found the following sites/pages useful:
Vermont Evictions (defines process of 14 day termination)
www.vermontjudiciary.com (broken link) (summons forms available by county)
http://www.vtd.uscourts.gov/Supporting%20Files/Prose/proseinstrrevised.pdf (broken link) (representing yourself)
I have a sample of the complaint form for VT, I don't have the website info where I found it I will make it available through my website and message you here in a day or two.
Best of luck! I"ll let you know once I am successful.
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Old 01-05-2011, 11:51 AM
 
866 posts, read 900,474 times
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Thanks. I appeciate your help.
I was planning on starting the process in a few weeks because I know it could take months and it would allow the tenants children to finish the school year.
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Old 01-05-2011, 06:41 PM
 
Location: Winter Springs, FL
1,789 posts, read 4,058,350 times
Reputation: 925
You may be able to get some of your money. The Vermont Economic Services Division (ESD) has an emergency back rent payment program. They would most likely qualify with children. Families with children who are facing the loss of their shelter due to nonpayment of rent may be eligible for assistance from the ESD. A family must have a notice of termination or notarized statement of how much rent is owed from the landlord. A landlord who signs the Back Rent Contract and accepts payment from ESD must stop any eviction/legal action against the tenant. The ESD may pay up to three months of the back rent. Since this assistance is designed to prevent homelessness, applicants must have the ability to make ongoing rental payments. The family will need to visit the local ESD office and complete an application. If you will not be able to have them removed until the spring this could be an option. How long you have to stop action against your tenant, I can't tell you. Economic Services Division (ESD) | Department for Children and Families The website may have some further information.
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Old 01-06-2011, 02:45 PM
 
1 posts, read 10,183 times
Reputation: 11
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.
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