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CHANGE IN VERMONT LANDLORD/TENANT LAW FAVORS LANDLORDS
A recent amendment to Vermont’s Landlord/Tenant law permits landlords to evict unauthorized subtenants in an expedited fashion. Tenants will often sublet portions of a dwelling to subtenants in order to collect rent. This is frequently done without the Landlord’s knowledge and consent and can result in a complicated eviction case against unknown subtenants.
Under the amended statute the Landlord can file a motion with the original eviction papers and upon hearing in 10 days notice obtain an immediate writ of possession against the subtenants upon showing that the subtenant is occupying the dwelling unit without permission and that the rental agreement prohibits subleasing. The eviction case would then proceed against the original tenants who have signed the lease with the landlord.
When drafting a negotiating residential lease agreements, it is important for Landlords to include a provision prohibiting the assignment and/or subleasing of the unit to others.
- Herbert J. Downing
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Kolvoord Overton Wilson, P.C. is a general practice law firm located in Essex Junction, Vermont. The firm has provided an unparalleled level of legal representation to Northern Vermont for over 45 years.
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KOW represents purchasers, sellers, owners, developers, tenants, and lenders in development, construction, financing, leasing, sale and purchase of commercial and residential real property. Our real estate practice ranges from simple sales to complex development or tax deferred exchanges.
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KOW represents landlords in all aspects of the residential eviction process including preparation and service of lease termination notices, filing eviction suits in the Superior Court, representation of landlords at rent escrow hearings, trials, and recovery of damage and back rent claims.
July 12, 2017
The Vermont Statutes Online
Title 05 : Aeronautics And Surface Transportation Generally
Chapter 013 : Operation Of Aircraft
Subchapter 001 : General Provisions
§ 402. Ownership of space
The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in section 403 of this title. (Added 1985, No. 222 (Adj. Sess.), § 2.)
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