H 772 — An act relating to residential rental agreements, eviction procedures, and the creation of the positive rental payment credit reporting pilot program

BILL AS PASSED BY THE HOUSE H.772 Page 4 of 73 * * * § 4461.

SECURITY DEPOSITS (a)(1) A security deposit is any advance, deposit, or prepaid rent, however named, which is refundable to the tenant at the termination or expiration of the tenancy.

The function of a security deposit is to secure the performance of a tenant’s obligations to pay rent and to maintain a dwelling unit.

(2) A landlord shall not charge for or receive a security deposit exceeding an amount equal to two months’ rent, in addition to any rent for the first month paid on or before initial occupancy.

* * * § 4467.

TERMINATION OF TENANCY;

NOTICE (a) Termination for nonpayment of rent.

The landlord may terminate a tenancy for nonpayment of rent by providing actual notice to the tenant of the date on which the tenancy will terminate, which shall be at least 14 seven days after the date of the actual notice.

The rental agreement shall not terminate if the tenant pays or tenders rent due through the end of the rental period in which payment is made or tendered.

Acceptance of partial payment of rent shall not constitute a waiver of the landlord’s remedies for nonpayment of rent or an accord and satisfaction for nonpayment of rent.

BILL AS PASSED BY THE HOUSE H.772 Page 5 of 73 (b) Termination for breach of rental agreement.

(1)(A) The landlord may terminate a tenancy for failure of the tenant to comply with a material term of the rental agreement or with obligations imposed under this chapter by actual notice given to the tenant at least 30 21 days prior to the termination date specified in the notice.

(B) Failure to comply with a material term of the rental agreement or with obligations imposed under this chapter includes:

(i) repeated late payment of rent;

(ii) refusal to allow a landlord or landlord’s agent access to the dwelling unit;

(iii) the tenant’s refusal to sign a rental agreement renewal or accept reasonable changes to the rental agreement;

and (iv) the tenant’s interference with the health and safety of the landlord, landlord’s agent, other residents, or neighbors.

(2) When termination is based on criminal activity, illegal drug activity, or acts of violence, damage to the dwelling unit or premises, or other activity any of which threaten threatens the health or safety of other residents, the landlord or landlord’s agent, or neighbors, the landlord may terminate the tenancy by providing actual notice to the tenant of the date on which the tenancy will terminate, which shall be at least 14 three days from the date of the actual notice.

BILL AS PASSED BY THE HOUSE H.772 Page 6 of 73 (3) The actual notice required under this subsection shall be accompanied by an affidavit setting forth particular facts in support of the termination with sufficient details to inform the tenant of the reasoning behind the termination.

(c) Termination for no cause Termination for tenant or governmental notice to vacate.

In the absence of a written rental agreement, the landlord may terminate a tenancy for no cause as follows:

(1) If rent is payable on a monthly basis, by providing actual notice to the tenant of the date on which the tenancy will terminate, which shall be:

(A) for tenants who have resided continuously in the same premises for two years or less, at least 60 days after the date of the actual notice;

(B) for tenants who have resided continuously in the same premises for more than two years, at least 90 days after the date of the actual notice When termination is based on an intent to vacate provided by actual notice from a tenant, a landlord may terminate a rental agreement on the date provided in the actual notice.

(2) If rent is payable on a weekly basis, by providing actual notice to the tenant of the date on which the tenancy will terminate, which shall be at least 21 days after the date of the actual notice When termination is based on compliance with an order issued by a governmental agency or court order that BILL AS PASSED BY THE HOUSE H.772 Page 7 of 73 necessitates vacating the premises, a landlord may terminate a rental agreement on the date provided in the order.

(d) Termination of rental agreement when property is sold or repurposed.

(1) In the absence of a written rental agreement, a landlord who has contracted to sell the building may terminate a tenancy by providing actual notice to the tenant of the date on which the tenancy will terminate, which shall be at least 30 days after the date of the actual notice, when a landlord:

(A) has contracted to sell the building;

(B) has a good faith intention for the landlord or a member of the landlord’s immediate family to occupy the premises for a minimum of 12 continuous months as a primary residence;

(C) intends to permanently withdraw the dwelling unit from the rental market;

or (D) intends to demolish the dwelling unit or premises or the rental unit requires renovations that exceed 50 percent of the rental unit’s value to become or remain habitable, provided that the tenant shall have the right of first refusal to reoccupy the unit at market rate following renovations.

(2) In the event of a written rental agreement, the actual notice to terminate under subdivision (1) of this subsection shall be at least 30 days before the end or expiration of the stated term of the rental agreement.

BILL AS PASSED BY THE HOUSE H.772 Page 8 of 73 (e) Termination for no cause under terms of written at the expiration of a rental agreement.

(1) If there is a written rental agreement, the notice to terminate for no cause shall be at least 30 days before the end or expiration of the stated term of the rental agreement if the tenancy has continued for two years or less.

The notice to terminate for no cause shall be at least 60 days before the end or expiration of the term of the rental agreement if the tenancy has continued for more than two years.

If there is a written week-to-week rental agreement, the notice to terminate for no cause shall be at least seven days;

however, a notice to terminate for nonpayment of rent shall be as provided in subsection (a) of this section (2) In the absence of a written rental agreement, the notice to terminate shall be at least 30 days after the date of actual notice if the tenancy has continued for two years or less.

The notice to terminate shall be at least 60 days after the date of actual notice if the tenancy has continued for more than two years.

(f) Termination date.

In all cases, the termination date shall be specifically stated in the notice.

(g) Conversion to condominium.

If the building is being converted to condominiums, notice shall be given in accordance with 27 V.S.A.

chapter 15, subchapter 2.

BILL AS PASSED BY THE HOUSE H.772 Page 9 of 73 (h) Termination of shared occupancy.

A rental arrangement whereby a person rents to another individual one or more rooms in his or her the person’s personal residence that includes the shared use of any of the common living spaces, such as the living room, kitchen, or bathroom, may be terminated by either party by providing actual notice to the other of the date the rental agreement shall terminate, which shall be at least 15 days after the date of actual notice if the rent is payable monthly and at least seven days after the date of actual notice if the rent is payable weekly.

(i) Multiple notices.

All actual notices that are in compliance with this section shall not invalidate any other actual notice and shall be a valid basis for commencing and maintaining an action for possession pursuant to this chapter, 10 V.S.A.

chapter 153, 11 V.S.A.

chapter 14, or 12 V.S.A.

chapter 169, notwithstanding that the notices may be based on different or unrelated grounds, dates of termination, or that the notices are sent at different times prior to or during an ejectment action.

A landlord may maintain an ejectment action and rely on as many grounds for ejectment as are allowed by law at any time during the eviction process.

(j) Payment after termination;

effect.

(1) A landlord’s acceptance of full or partial rent payment by or on behalf of a tenant after the termination of the tenancy for reasons other than nonpayment of rent or at any time during the ejectment action shall not result BILL AS PASSED BY THE HOUSE H.772 Page 10 of 73 in the dismissal of an ejectment action or constitute a waiver of the landlord’s remedies to proceed with an eviction action based on any of the following:

(A) the tenant’s breach of the terms of a rental agreement pursuant to subsection (b) of this section;

(B) the tenant’s breach of the tenant’s obligations pursuant to subsections 4456(a), (b), and (c) of this title;

or (C) for no cause pursuant to subsections (c), (d), (e), and (h) of this section.

(2) This subsection shall apply to 10 V.S.A.

chapter 153, 11 V.S.A.

chapter 14, and 12 V.S.A.

chapter 169.

(k) Commencement of ejectment action.

A notice to terminate a tenancy shall be insufficient to support a judgment of eviction unless the proceeding is commenced not later than 30 days from the termination date set forth in the notice when provided pursuant to subsection (a) or (b) of this section and not later than 60 days from the termination date set forth in the notice for all other terminations.

(l) Affirmative defense to ejectment action.

(1) For any eviction action based on a failure to pay rent pursuant to subsection (a) of this section, it shall be an affirmative defense of the tenant, and the ejectment shall be dismissed, if there exists a serious health and safety code violation, which shall include:

BILL AS PASSED BY THE HOUSE H.772 Page 11 of 73 (A) any condition that jeopardizes the security of the unit;

(B) major plumbing leaks, flooding, or waterlogged ceiling or flooring in imminent danger of falling in;

(C) gas or fuel oil leaks;

(D) electrical conditions that could result in shock or fire;

(E) absence of a working heating system when outside temperature is below 60 degrees Fahrenheit;

(F) utilities not in service, including no running hot water;

(G) conditions that present the immediate possibility of serious injury;

(H) obstacles that prevent the safe entrance into or exit from the dwelling unit;

(I) absence of a functional toilet within the dwelling unit;

or (J) inoperable smoke or carbon monoxide detectors.

(2) A tenant may not defeat an ejectment action if it is found that the serious health and safety code violation is the result of the tenant’s deliberate or negligent actions leading to the violation.

(3) This subsection shall apply to 10 V.S.A.

chapter 153, 11 V.S.A.

chapter 14, and 12 V.S.A.

chapter 169.

BILL AS PASSED BY THE HOUSE H.772 Page 12 of 73 § 4468.

TERMINATION OF TENANCY;

ACTION FOR POSSESSION If the tenant remains in possession after termination of the rental agreement without the express consent of the landlord, the landlord may bring an action for possession, damages, and costs:

(1) for a termination provided under subsections 4467(a) and (b) of this title, under 12 V.S.A.

chapter 169, subchapter 4;

and (2) for all other terminations provided in section 4467 of this title, under 12 V.S.A.

chapter 169, subchapter 3.

* * * § 4468b.

MAXIMUM INCREASE IN RENT (a) A landlord shall not increase rent:

(1) more than once in any 12-month period;

or (2) in any amount deemed excessive or unreasonable.

(b)(1) Notwithstanding subsection (a) of this section, upon purchasing a dwelling unit, a landlord may raise the rent in accordance with section 4455 of this title.

In the event a landlord raises rent upon the purchase of a dwelling unit, the landlord shall thereafter be subject to subsection (a) of this section.

(2) If raising the rent under subdivision (1) of this subsection, a landlord shall not increase the rent more than three percentage points above the U.S.

Consumer Price Index for all Urban Consumers, Housing Component, published by the U.S.

Bureau of Labor Statistics in the periodical Monthly BILL AS PASSED BY THE HOUSE H.772 Page 13 of 73 Labor Review and Handbook of Labor Statistics as published annually by the Department of Housing and Community Development.

(3) In the event rent was raised within six months prior to the purchase of a dwelling unit, in calculating the rent increase under subdivision (2) of this subsection, a landlord shall calculate the increase based on the rental amount that was charged prior to the most recent increase in rent.

* * * * * * Just Cause Ejectment Process * * * Sec.

2.

12 V.S.A.

chapter 169, subchapter 4 is added to read:

Subchapter 4.

Superior Court Ejectment for Just Cause § 4861.

ISSUANCE OF PROCESS FOR JUST CAUSE BY SUPERIOR JUDGE When the lessee of lands or tenements, either by parole or written lease, or a person holding under the lease, holds possession of the demised premises without right, after the termination of the lease under 9 V.S.A.

§ 4467(a) or (b), the person entitled to the possession of the premises may have from the presiding judge of the Superior Court a writ to restore the person to the possession thereof.

§ 4862.

MODE AND SERVICE OF PROCESS;

TRIAL BY JURY PROHIBITED BILL AS PASSED BY THE HOUSE H.772 Page 14 of 73 (a) The process may issue as a summons or writ of attachment, requiring the defendant to appear and answer to the complaint of the plaintiff, which shall state that the defendant is in the possession of the lands or tenements in question (describing them), which the tenant holds unlawfully and against the right of the plaintiff.

A copy of the rental agreement, if any, and any notice to terminate the defendant’s tenancy shall be attached to the complaint, including a copy of the rent ledger if the compliant is based on a termination under 9 V.S.A.

§ 4467(a).

(b) Neither party shall have the right to a trial by jury.

§ 4863.

ANSWER (a) Notwithstanding any other provision of law or rule to the contrary, the defendant shall file an answer within seven days after receiving the complaint.

(b) An answer to a complaint filed under this subchapter shall be accompanied by an affidavit setting forth particular facts in opposition to the complaint.

(c)(1) If the complaint is based on a termination under 9 V.S.A.

§ 4467(a), the defendant may cure the action by paying all rents owed, court costs, and service fees by the answer date.

If payment is not received by the answer date, the defendant shall lose the right to cure the complaint as a matter of law.

A plaintiff may accept payment in whole or in part and dismiss the complaint.

A BILL AS PASSED BY THE HOUSE H.772 Page 15 of 73 defendant shall not have the right to cure in a subsequent action brought by the plaintiff for termination under 9 V.S.A.

§ 4467(a).

(2) Upon receipt of an answer to a complaint based on a termination under 9 V.S.A.

§ 4467(a), the court shall set a final hearing date not later than 60 days from the filing of the complaint.

§ 4864.

DEFAULT If the defendant fails to provide a written answer as provided in this subchapter, the plaintiff shall be entitled to possession of the premises.

The plaintiff shall file a motion for possession based on the default and shall include an affidavit that provides proof of service on the defendant.

The court shall decide on the motion within three days after the filing by the plaintiff.

§ 4865.

SHOW CAUSE HEARING (a) If the complaint is based on a termination under 9 V.S.A.

§ 4467(b)(2), the court shall set a show cause hearing within seven days after an answer is filed by the defendant.

If the defendant fails to appear, the plaintiff shall be awarded possession of the premises.

(b) At the show cause hearing, the defendant shall prove a substantiated defense to the termination claims brought by the plaintiff.

(c)(1) Parties may rely on affidavit evidence during the show cause hearing made under the pains and penalties of perjury.

If the defendant makes a BILL AS PASSED BY THE HOUSE H.772 Page 16 of 73 credible showing that live testimony is required or upon the court’s own determination, a final hearing may be ordered.

(2) In the event a final hearing is ordered to resolve the complaint, a final hearing shall be set within 30 days from the date of the initial complaint.

§ 4866.

COSTS;

JUDGMENT FOR PLAINTIFF;

POSSESSION If the court finds the plaintiff is entitled to possession, whether by default or after a final hearing, the plaintiff shall have a judgment for possession and rents due, if applicable, including damages and costs, and when a written rental agreement so provides, the court may award reasonable attorney’s fees.

A writ of possession shall issue on the date of judgment and shall direct any sheriff to serve the writ upon the defendant and, not earlier than seven days after the writ is served, put the plaintiff in possession.

§ 4867.

SERVICE BY POSTING [Reserved.] § 4868.

PROPERTY OF TENANT REMAINING ON PREMISES AFTER EVICTION A landlord may dispose of any personal property remaining in a dwelling unit or leased premises without notice or liability to the tenant or owner of the personal property upon the landlord being legally restored to possession of the dwelling unit or leased premises pursuant to this subchapter.

BILL AS PASSED BY THE HOUSE H.772 Page 17 of 73 § 4869.

TRESPASS ORDERS (a) After the execution of a writ of possession, the plaintiff may issue the defendant an order against trespass for the entire premises subject to the ejectment action.

(b) The order shall be effective and may be enforced with criminal penalties in accordance with 13 V.S.A.

§ 3705, regardless of whether the defendant has been invited onto the property by another resident.

* * * Trespass * * * Sec.

3.

13 V.S.A.

§ 3705 is amended to read:

§ 3705.

UNLAWFUL TRESPASS (a)(1) A person shall be imprisoned for not more than three months or fined not more than $500.00, or both, if, without legal authority or the consent of the person in lawful possession, the person enters or remains on any land or in any place as to which notice against trespass is given by:

* * * (3) If a person has been issued an order against trespass under 12 V.S.A.

§ 4869, it shall be a violation of this subsection if the person enters or remains on any land or in any place subject to the order against trespass regardless of whether the person has the consent of the person in lawful possession of the land or place.

* * * BILL AS PASSED BY THE HOUSE H.772 Page 18 of 73 * * * Ejectment Records * * * Sec.

4.

12 V.S.A.

chapter 169, subchapter 5 is added to read:

Subchapter 5.

Confidentiality of Ejectment Records § 4871.

DEFINITIONS As used in this subchapter:

(1) “Confidential” means to limit access only to those persons who are authorized by law or court order to view the record.

A confidential record does not limit public access to court hearings in an ejectment case.

All ejectment court hearings shall remain open to the public.

Names of parties shall not be listed on the court calendar.

(2) “Consumer reporting agency” has the same meaning as in 15 U.S.C.

§ 1681a(f).

(3) “Ejectment record” means recorded information pertaining to an ejectment case that is in the possession, custody, or control of a court or was in the possession of a court.

(4) “Landlord” has the same meaning as in 9 V.S.A.

§ 4451(4).

(5) “Record” means any recorded information made or received pursuant to law or in connection with the transaction of any official business by a court, including all evidence received by the court in a case.

(6) “Removal of confidentiality” means to restore an ejectment record to the level of public access a public court record enjoys by removing any BILL AS PASSED BY THE HOUSE H.772 Page 19 of 73 physical and electronic separation imposed on the ejectment record when it was confidential.

(7) “Tenant” has the same meaning as in 9 V.S.A.

§ 4451(10).

(8) “Tenant screening report” means any written, oral, or other communication prepared by a consumer reporting agency that includes information about an individual’s rental history for the purpose of serving as a factor in establishing the individual’s eligibility for housing.

(9) “Termination notice” means any notice given under 9 V.S.A.

§ 4467.

§ 4872.

CONFIDENTIALITY OF RECORD UPON FILING All records of a newly filed ejectment complaint shall be confidential.

The ejectment record shall be designated as confidential upon filing and shall remain confidential except pursuant to section 4873 of this title.

§ 4873.

REMOVAL OF CONFIDENTIALITY OF FOR-CAUSE EJECTMENT RECORDS (a) If the court of jurisdiction in an ejectment case issues a final judgment after an evidentiary hearing in favor of the landlord where a finding has been made of nonpayment of rent pursuant to 9 V.S.A.

§ 4467(a) or breach of rental agreement pursuant to 9 V.S.A.

§ 4467(b), the court shall remove confidentiality for the ejectment record after 30 days unless the court orders continued confidentiality pursuant to subsection (b) of this section.

BILL AS PASSED BY THE HOUSE H.772 Page 20 of 73 (b)(1) Notwithstanding subsection (a) of this section, the court shall order that the ejectment record will remain confidential if the parties so stipulate or upon a tenant’s showing of good cause within six months after final judgment.

(2) A showing that the defendant meets any of the following conditions is deemed good cause for purposes of this subsection:

(A) the defendant has been a victim of abuse as defined by 15 V.S.A.

§ 1101(1) and established by self-certification;

(B) the defendant is a person with a disability as that term is defined in 9 V.S.A.

§ 4501;

or (C) the defendant is a member of a protected class as defined by 9 V.S.A.

§ 4503(a)(2).

§ 4874.

EFFECT OF CONFIDENTIALITY;

PROHIBITIONS (a) The ejectment case underlying a confidential ejectment record is deemed never to have occurred.

A person who is asked about the person’s ejectment history may answer that there is no prior ejectment if the record is confidential.

(b)(1) A consumer reporting agency shall check Vermont court ejectment records to determine whether they are confidential before including them in a tenant screening report.

(2) A consumer reporting agency shall not include any ejectment record in a tenant screening report if the court record is confidential or if the BILL AS PASSED BY THE HOUSE H.772 Page 21 of 73 consumer reporting agency has been directly notified that the record is confidential.

(c) Any tenant who suffers injury as a result of a violation of subsection (b) of this section may bring an action for injunctive relief, actual damages, or statutory damages of up to $1,000.00 per violation, costs, and reasonable attorney’s fees.

§ 4875.

ACCESS TO CONFIDENTIAL RECORDS;

PARTIES TO ACTION The court of jurisdiction in an ejectment case shall make the confidential ejectment record available to each of the following persons for purposes of litigating, adjudicating, joining, appealing, or otherwise facilitating the ejectment case:

(1) each party to the ejectment case;

(2) the judge and court staff of jurisdiction;

(3) each occupant of the leased property described in the complaint;

(4) each attorney representing a party to the ejectment case;

(5) each attorney considering undertaking representation of a party to the ejectment case, provided the attorney certifies to the court’s satisfaction that:

(A) the party has requested the attorney’s representation and has authorized the attorney’s access to the ejectment record;

BILL AS PASSED BY THE HOUSE H.772 Page 22 of 73 (B) the ejectment record will be used only for legal assistance and not for any commercial purpose;

and (C) the attorney is authorized to practice in the State;

(6) Vermont Legal Aid;

and (7) Legal Services Vermont.

§ 4876.

ACCESS TO CONFIDENTIAL RECORDS;

OTHERS (a) In addition to access provided in section 4875 of this title, the court of jurisdiction shall make a confidential ejectment record available for any authorized purpose under subsection (b) of this section to any person with a valid court order authorizing access to the ejectment record.

(b) Upon motion and subject to a balancing of interests for and against disclosure, the court of jurisdiction shall make a confidential ejectment record available to a requesting party for scholarly, educational, journalistic, or governmental purposes.

Records made available under this subsection shall not include the identifying information of any party unless the court of jurisdiction determines that the request is appropriate and that the release of the identifying information is necessary to fulfill the purpose of the request and that the identifying information will not be released to the public.

* * * Positive Rental Payment Pilot Program * * * Sec.

5.

POSITIVE RENTAL PAYMENT CREDIT REPORTING PILOT (a) Definitions.

As used in this section:

BILL AS PASSED BY THE HOUSE H.772 Page 23 of 73 (1) “Contractor” means the third-party vendor that the State Treasurer’s office contracts with to administer the pilot program described in this section.

(2) “Dwelling unit” has the same meaning as in 9 V.S.A.

§ 4451(3).

(3) “Participant property owner” means a landlord that has agreed in writing to participate in the pilot program and has satisfied the requirements described in subsection (c) of this section.

(4) “Participant tenant” means a tenant who has elected to participate in the pilot program and whose landlord is a participant property owner.

(5) “Rental payment information” means information concerning a participant tenant’s timely payment of rent.

“Rent payment information” does not include information concerning a participant tenant’s payment or nonpayment of fees.

(b) Pilot program creation.

(1) The State Treasurer shall create and implement a two-year positive rental payment credit reporting pilot program to facilitate the reporting of rent payment information from participant tenants to consumer reporting agencies.

(2) On or before May 1, 2027, the State Treasurer shall contract with a third party to administer a positive rental payment credit reporting pilot program and facilitate the transmission of rent reporting information from a participant property owner to a consumer reporting agency.

The third-party administrator shall be required to:

BILL AS PASSED BY THE HOUSE H.772 Page 24 of 73 (A) enter into an agreement with one or more participant property owners in the State in accordance with the requirements of this section for participation in the pilot program;

(B) ensure that information to a credit reporting agency includes only rent payment information after the date on which the participant tenant elected to participate in the pilot program;

(C) develop and implement a process for removal of participant tenants for failure to comply with program requirements, including failure to make timely rental payments;

(D) establish a standard form for a participant tenant to use to elect to participate or cease participation in the pilot program, which shall include a statement that the tenant’s participation is voluntary and that a participant may cease participating in the pilot program at any time and for any reason by providing notice to the participant’s landlord and that the tenant may be removed from the program for failure to comply with program requirements, including failure to make timely rental payments;

and (E) offer an optional financial education course for participant tenants.

(c) Pilot program agreements.

A participant property owner shall agree in writing:

BILL AS PASSED BY THE HOUSE H.772 Page 25 of 73 (1) to participate in the pilot program for the duration of the pilot program;

(2) not to charge a participant tenant for participation in the pilot program;

(3) to comply with the requirements of the pilot program;

(4) to provide information as required by the State Treasurer concerning the implementation of the pilot program;

and (5) to assist in the recruitment of tenants to participate in the pilot program.

(d) Pilot program participants.

On or before June 1, 2027, the contractor shall, in coordination with the State Treasurer, recruit not more than 10 participant property owners and, to the extent practicable, not fewer than 100 participant tenants, to participate in the pilot program.

The contractor shall seek to select participant tenants from populations that are underserved and underrepresented in home ownership.

The contractor shall also seek to recruit participant landlords who offer:

(1) a variety of types of dwelling units for rent, including dwelling units of various sizes;

(2) dwelling units for rent that are located in geographically diverse areas of the State;

and (3) at least five dwelling units for rent.

BILL AS PASSED BY THE HOUSE H.772 Page 26 of 73 (e) Termination.

The State Treasurer may terminate the pilot program at any time in the Treasurer’s sole discretion or terminate participation of a participant property owner for failure to comply with the requirements of the pilot program.

(f) Reports.

(1) On or before November 1, 2028, the State Treasurer shall submit an interim report to the House Committee on General and Housing and the Senate Committee on Economic Development, Housing and General Affairs regarding the findings of the pilot program.

The report shall include:

(A) the number of participant tenants, including information regarding the demographic makeup of participant tenants, such as race, ethnicity, gender, income, and age, as voluntarily provided by the participant;

(B) the number of participant tenants who ceased participating in the pilot program voluntarily;

(C) the number of participant tenants who were removed from the pilot program and the reasons why;

(D) a breakdown of costs of administering the pilot program, including the monthly costs associated with rent reporting;

(E) a description of challenges faced by the participant property owners and participant tenants during the pilot program;

BILL AS PASSED BY THE HOUSE H.772 Page 27 of 73 (F) an analysis of the outcomes of rent reporting on participant tenants’ credit scores;

and (G) recommendations for legislative action, including proposed statutory language and an appropriation for associated costs.

(2) On or before November 1, 2029, the State Treasurer shall submit a final report to the House Committee on General and Housing and the Senate Committee on Economic Development, Housing and General Affairs regarding the findings of the pilot program.

The report shall include an update to the information required in the interim report.

* * * Residential Security Deposit Transition Period * * * Sec.

6.

SECURITY DEPOSIT;

TRANSITION PERIOD Notwithstanding 9 V.S.A.

§ 4461(a), a landlord may retain a security deposit that exceeds an amount equal to two months’ rent, provided that the residential rental agreement was in effect prior to July 1, 2026.

* * * Technical Training * * * Sec.

7.

LANDLORD AND TENANT EDUCATION AND TECHNICAL ASSISTANCE PROGRAM (a) The Champlain Valley Office of Economic Opportunity (CVOEO) shall provide education and technical assistance to Vermont landlords and tenants regarding their rights, obligations, and remedies for statutory violations under Vermont rental statutes.

BILL AS PASSED BY THE HOUSE H.772 Page 28 of 73 (b)(1) Training for tenants shall include training under the Preferred Renter Certification Program or its future equivalent.

(2) For landlords, CVOEO shall work in partnership with the Vermont Landlords’ Association, Vermont Legal Aid, and the Vermont Human Rights Commission to develop a curriculum to address any resource and information gaps to increase positive interactions with tenants and improve renter household stability.

(c) Assistance under this program shall include in-person, virtual, and on- demand options.

* * * Appropriations * * * Sec.

8.

APPROPRIATIONS The following is appropriated from the General Fund in fiscal year 2027:

(1) the sum of $100,000.00 to the State Treasurer to implement the positive rental payment credit reporting pilot program;

and (2) the sum of $1,200,000.00 to the Department of Housing and Community Development for the following purposes:

(A) $1,000,000.00 granted to the Vermont State Housing Authority for the Rent Arrears Assistance Fund established by 2023 Acts and Resolves No.

47, Sec.

45;

and (B) $200,000.00 granted to the Champlain Valley Office of Economic Opportunity for statewide landlord and tenant education.

BILL AS PASSED BY THE HOUSE H.772 Page 29 of 73 * * * Effective Date * * * Sec.

9.

EFFECTIVE DATE This act shall take effect on July 1, 2026.

* * * Termination of Residential Rental Agreement * * * Sec.

1.

9 V.S.A.

chapter 137 is amended to read:

CHAPTER 137.

VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 2 of 32 (i) the date the email was sent if sent via electronic means;

BILL AS PASSED BY THE HOUSE H.772 Page 30 of 73 (ii) the date the notice was posted to the door;

§§ 1101(1). 1101(1).

VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 3 of 32 (14) “Sexual assault” has the same meaning as in 12 V.S.A.

§§ 5131(5). 5131(5).

§§ 5131(6). 5131(6).

BILL AS PASSED BY THE HOUSE H.772 Page 31 of 73 * * * Subchapter 2.

VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 4 of 32 (2) As used in this section, an “application fee” means any fee, charge, or cost to submit a residential rental application including any third-party processing payment.

BILL AS PASSED BY THE HOUSE H.772 Page 32 of 73 (3) A landlord or a landlord’s agent may charge actual costs to conduct a background or credit check of an applicant, unless the tenant or applicant provides a current credit report as part of the application, in which case the landlord or landlord’s agent shall not charge for a credit check.

VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 5 of 32 (2) A landlord shall not charge for or receive a security deposit exceeding an amount equal to two months’ rent, in addition to any rent for the first month paid on or before initial occupancy.

BILL AS PASSED BY THE HOUSE H.772 Page 33 of 73 (3) Subject to the requirements of this section, a landlord may charge a separate security deposit in addition to the amount authorized in subdivision (2) of this subsection as a condition for allowing the tenant to have a pet or pets during the rental period.

In the case of the seasonal occupancy and rental of a dwelling unit not intended as a primary residence, the security deposit and written statement shall be returned within 60 days.

(2) If a landlord terminates a tenancy under subsection 4467(d) or (e) of this title and at the request of the tenant, the landlord shall return one-half of the security deposit, subject to any deductions authorized by subsection (b) of VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 6 of 32 this section, along with a written statement itemizing any deductions to the tenant not later than 45 days before the date in the termination notice.

* * * BILL AS PASSED BY THE HOUSE H.772 Page 34 of 73 (e) If a landlord fails to return the security deposit with a statement within 14 days the timeframes outlined in subsection (c) of this section, the landlord forfeits the right to withhold any portion of the security deposit.

VTor LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 7 of 32 (4) has taken any legal action authorized by law against the landlord;landlord.

(a) A landlord of a residential dwelling unit may not retaliate by establishing or changing terms of a rental agreement or by bringing or threatening to bring an action against a tenant who:

BILL AS PASSED BY THE HOUSE H.772 Page 35 of 73 (1) has complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health regulation of a violation applicable to the premises materially affecting health and safety;

(2) has complained to the landlord of a violation of this chapter;

or (3) has organized or become a member of a tenant’s union or similar organization;

(4) has taken any legal action authorized by law against the landlord;

* * * BILL AS PASSED BY THE HOUSE H.772 Page 36 of 73 § 4467.

The rental agreement shall not terminate if the tenant pays or tenders rent due through the end of the rental period in which payment is made or tendered, provided a landlord may terminate a tenancy under subdivision (b)(1) of this section for repeated late payment of VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 8 of 32 rent.

or (iii) a tenant’s refusal to allow a landlord or a landlord’s agent access to the dwelling unit in accordance with sectionsection 4460 4460 of this title.

(B) A landlord shall provide actual notice given to the tenant at least 30 21 days prior to the termination date specified in the notice.

BILL AS PASSED BY THE HOUSE H.772 Page 37 of 73 (C) As used in this subsection (b), “late payment of rent” means payment of rent more than 10 days after rent is due under the rental agreement.

(2)(A) When termination is based on criminal activity, illegal drug activity, or acts of violence, damage to the dwelling unit or premises, or other activity any of which threaten threatens the health or safety of other residents, the landlord or landlord’s agent, or neighbors, the landlord may terminate the tenancy by providing actual notice to the tenant of the date on which the tenancy will terminate, which shall be at least 14 five days from the date of the actual notice.

(B) The actual notice required under this subsection (b) shall be accompanied by an affidavit setting forth particular facts and the basis thereof in support of the termination with sufficient details to inform the tenant of the reasoning behind the termination.

(3) A landlord shall not terminate a rental agreement under this subsection based on a person seeking medical assistance for a drug overdose, being the subject of a good faith request for medical assistance, or being at the scene of a drug overdose or within close proximity of the scene of a drug overdose as provided in 18 V.S.A.

§ 4254 and evidence obtained from the good faith request for medical assistance for a drug overdose shall not be used in an ejectment action brought under 12 V.S.A.

chapter 169.

BILL AS PASSED BY THE HOUSE H.772 Page 38 of 73 (b) Termination for breach of rental agreement.

(1)(A) The landlord may terminate a tenancy for:

(i) failure of the tenant to comply with a material term of the rental agreement or with obligations imposed under this chapter by;

(ii) a tenant’s late payment of rent more than three times in a 12- month period;

or (iii) a tenant’s refusal to allow a landlord or a landlord’s agent access to the dwelling unit in accordance with section 4460 of this title.

(B) A landlord shall provide actual notice given to the tenant at least 21 days prior to the termination date specified in the notice.

(2) When termination is based on criminal activity, illegal drug activity, or acts of violence, damage to the dwelling unit or premises, or other activity any of which threaten threatens the health or safety of other residents, the landlord or landlord’s agent, or neighbors, the landlord may terminate the tenancy by providing actual notice to the tenant of the date on which the VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 9 of 32 tenancy will terminate, which shall be at least 14 five days from the date of the actual notice.

(3) The actual notice required under this subsection (b) shall be accompanied by an affidavit setting forth particular facts and the basis thereof BILL AS PASSED BY THE HOUSE H.772 Page 39 of 73 in support of the termination with sufficient details to inform the tenant of the reasoning behind the termination.

§§ 4254 4254 and evidence obtained from the good faith request for medical assistance for a drug overdose shall not be used in an ejectment action brought under 12 V.S.A.

VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 10 of 32 (C) The landlord may terminate the rental agreement under subdivision (2) of this subsection (b) for a tenant who has committed an act of domestic abuse, sexual assault, or stalking against another tenant if the act poses an actual and imminent threat to the remaining tenants, other residents, BILL AS PASSED BY THE HOUSE H.772 Page 40 of 73 the landlord or landlord’s agent, or neighbors, and there is no other action to be taken that would reduce or eliminate the threat.

(2) If rent is payable on a weekly basis, by providing actual notice to the tenant of the date on which the tenancy will terminate, which shall be at least 21 days after the date of the actual notice When termination is based on VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 11 of 32 compliance with an order issued by a governmental agency or court order that necessitates vacating the premises, a landlord may terminate a rental agreement on the date provided in the order.

BILL AS PASSED BY THE HOUSE H.772 Page 41 of 73 (d) Termination of rental agreement when property is sold or repurposed.

In the absence of a written rental agreement a A landlord who has contracted to sell the building may terminate a tenancy by providing actual notice to the tenant of the date on which the tenancy will terminate, which shall be at least 30 90 days after the date of the actual notice or, in the event of a written rental agreement, at least 90 days before the expiration of the stated term of the rental agreement, when:

VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 12 of 32 (e) Termination for no cause under terms of written at the expiration of a rental agreement.

(1) If there is a written rental agreement, the notice to terminate for no cause shall be at least 30 90 days before the end or expiration of the stated BILL AS PASSED BY THE HOUSE H.772 Page 42 of 73 term of the rental agreement if the tenancy has continued for two years or less.

A rental arrangement whereby a person rents to another individual one or more rooms in his or her the person’s VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 13 of 32 personal residence that includes the shared use of any of the common living spaces, such as the living room, kitchen, or bathroom, may be terminated by either party by providing actual notice to the other of the date the rental agreement shall terminate, which shall be at least 15 days after the date of BILL AS PASSED BY THE HOUSE H.772 Page 43 of 73 actual notice if the rent is payable monthly and at least seven days after the date of actual notice if the rent is payable weekly.

VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 14 of 32 (A) the tenant’s breach of the terms of a rental agreement pursuant to subsection (b) of this section;

or BILL AS PASSED BY THE HOUSE H.772 Page 44 of 73 (C) for no cause pursuant to subsections (c), (d), (e), and (h) of this section.

§§ 2677 2677 and the landlord has made no reasonable attempt to correct the violation as of the date of the termination, which shall include:

VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 15 of 32 (A) any condition that jeopardizes the security of the unit;

BILL AS PASSED BY THE HOUSE H.772 Page 45 of 73 (E) absence of a working heating system when outside temperature is below 60 degrees Fahrenheit;

VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 16 of 32 § 4468.

and BILL AS PASSED BY THE HOUSE H.772 Page 46 of 73 (2) for all other terminations provided in section 4467 of this title, under 12 V.S.A.

§§ 4472a 4472a is added to read:

§§ 4472a. 4472a.

VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 17 of 32 (b)(1) In the event the bifurcation and removal of an individual under subsection (a) of this section results in the protected tenant being unable to cover the rent of the dwelling unit, the landlord shall provide the protected tenant with a reasonable opportunity to locate additional tenants or to otherwise find new housing.

BILL AS PASSED BY THE HOUSE H.772 Page 47 of 73 (2) A reasonable opportunity under this section shall be not less than 90 days.

§§ 663 663 is added to read:

EJECTMENTDURATION OF ORDER (a) When athe motioncourt fororders alternativethat alternate service of process isbe filedmade pursuantin toa Rulecivil 4(d)(1)proceeding, of the Vermontorder Rulesshall ofremain Civilin Procedureeffect and apply to all subsequent service of process in anthe actionsame underproceeding, 10including V.S.A.postjudgment proceedings.

This section shall apply to orders issued pursuant to Vermont Rule of Civil Procedure 4(d)(1) permitting service of process by publication or by leaving a copy at the defendant’s dwelling house or usual place of abode, or to orders permitting alternate service of process under any other provision of law.

(b) When a motion for alternative service of process is filed pursuant to Vermont Rule of Civil Procedure 4(d)(1) in an action under 10 V.S.A.

chapter 14, or 12 V.S.A.

chapter 169, the court shall rule on the motion within three days after it is filed.

Sec.

2.

12 V.S.A.

§ 663 is added to read:

§ 663.

ALTERNATE SERVICE OF PROCESS;

EJECTMENT When a motion for alternative service of process is filed pursuant to Rule 4(d)(1) of the Vermont Rules of Civil Procedure in an action under 10 V.S.A.

BILL AS PASSED BY THE HOUSE H.772 Page 48 of 73 chapter 153, 11 V.S.A.

Superior Court Ejectment * * * § 4853a.4853.

SERVICE OF PROCESS The Unless otherwise provided by law, the process shall be served and notice given as in other civil actions.

§ 4853a.

Sess.), § 1.] VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 18 of 32 (a) In any action against a tenant for possession, the landlord may file a motion for an order that the tenant pay rent into court.

chapter 14, the landlord may file a motion for an order that the tenant pay rent BILL AS PASSED BY THE HOUSE H.772 Page 49 of 73 into court.

The motion may be filed and served with the complaint or at any time after the complaint has been filed.

The motion shall be accompanied by affidavit setting forth particular facts in support of the motion.

* * * (d) If the court finds the tenant is obligated to pay rent and has failed to do so, the court shall order full or partial payment into court of rent as it accrues while the proceeding is pending and rent accrued from the date of filing with the court the complaint for ejectment or the date the summons and complaint for ejectment were served on the tenant pursuant to Rule 3 of the Vermont Rules of Civil Procedure, whichever occurs first.

* * * (g) The tenant may at any time by motion apply to the court to reduce the amount ordered to be paid into court under this section.

The motion for reduction shall be accompanied by affidavit setting forth particular facts in its support.

[Repealed.] * * * § 4854a.

PROPERTY OF TENANT REMAINING ON PREMISES AFTER EVICTION (a) A landlord may dispose of any personal property remaining in a dwelling unit or leased premises without notice or liability to the tenant or owner of the personal property:

BILL AS PASSED BY THE HOUSE H.772 Page 50 of 73 (1) 15 days after a writ of possession is served pursuant to this chapter or immediately upon the landlord being legally restored to possession of the dwelling unit or leased premises pursuant to this chapter, whichever is later;

or (2) in the case of an eviction brought pursuant to 10 V.S.A.

chapter 153, days after a writ of possession issued for failure to pay rent into court pursuant to subsection 4853a(h) of this title is served or upon the landlord being legally restored to possession of the leased premises by a writ of possession issued for failure to pay rent into court pursuant to subsection 4853a(h) of this title, whichever is later.

(b) Notwithstanding subsection (a) of this section, if the court stays the execution of a writ of possession issued pursuant to this chapter, then a landlord may dispose of any personal property remaining in a dwelling unit or leased premises without notice or liability to the tenant or owner of the personal property one day immediately after the landlord is legally restored to possession of the dwelling unit or leased premises.

* * * Subchapter 4.

Superior Court Ejectment for Nonpayment or Breach § 4861.

ISSUANCE OF PROCESS BY SUPERIOR JUDGE FOR NONPAYMENT OR BREACH BILL AS PASSED BY THE HOUSE H.772 Page 51 of 73 When the lessee of lands or tenements, either by parole or written lease, or a person holding under the lease, holds possession of the demised premises without right, after the termination of the lease under 9 V.S.A.

§ 4467(a) or (b), the person entitled to the possession of the premises may have from the presiding judge of the Superior Court a writ to restore the person to the possession thereof.

§ 4862.

MODE AND SERVICE OF PROCESS;

TRIAL BY JURY (a) The process may issue as a summons, requiring the defendant to appear and answer to the complaint of the plaintiff, which shall state that the defendant is in the possession of the lands or tenements in question, with a description thereof, that the tenant holds unlawfully and against the right of the plaintiff.

A copy of the rental agreement, if any, and any notice to terminate the defendant’s tenancy shall be attached to the complaint, including a copy of the rent ledger if the complaint is based on a termination under 9 V.S.A.

§ 4467(a).

(b) Either party shall have the right to a trial by jury.

§ 4863.

ANSWER (a) Notwithstanding any other provision of law or rule to the contrary, the defendant shall file an answer within 14 days after service of the complaint.

BILL AS PASSED BY THE HOUSE H.772 Page 52 of 73 (b) An answer to a complaint filed under this subchapter shall be accompanied by an affidavit setting forth particular facts in opposition to the complaint.

(c)(1) If the complaint is based on a termination under 9 V.S.A.

§ 4467(a), the defendant may cure the action by paying all rents owed, court costs, and service fees by the answer date.

If payment is not received by the answer date, the defendant shall lose the right to cure the complaint as a matter of law.

A plaintiff may accept payment in whole or in part and dismiss the complaint.

A defendant shall not have the right to cure in a subsequent action brought by the plaintiff for termination under 9 V.S.A.

§ 4467(a).

(2) Upon receipt of an answer to a complaint based on a termination under 9 V.S.A.

§ 4467(a) or (b)(1), the court shall set a final hearing date not later than 60 days after the date of service of the complaint absent good cause.

§ 4864.

DEFAULT If the defendant fails to provide a written answer as provided in this subchapter, the plaintiff shall be entitled to possession of the premises.

The plaintiff shall file a motion for possession based on the default and shall include an affidavit that provides proof of service on the defendant.

The court shall decide on the motion within five days after the filing by the plaintiff absent good cause.

§ 4865.

SHOW CAUSE HEARING BILL AS PASSED BY THE HOUSE H.772 Page 53 of 73 (a) If the complaint is based on a termination under 9 V.S.A.

§ 4467(b)(2), the court shall set a show cause hearing within 10 days after an answer is filed by the defendant absent good cause.

If the defendant fails to appear, the plaintiff shall be awarded possession of the premises.

(b) At the show cause hearing, the defendant shall provide a rebuttal to the facts supporting the termination claims brought by the plaintiff.

(c)(1) Parties may rely on affidavit evidence during the show cause hearing made under the pains and penalties of perjury.

If the defendant makes a showing that live testimony is required or upon the court’s own determination, a final hearing may be ordered.

(2) In the event a final hearing is ordered to resolve the complaint, a final hearing shall be set within 21 days after the date of the show cause hearing.

§ 4866.

COSTS;

JUDGMENT FOR PLAINTIFF;

POSSESSION If the court finds the plaintiff is entitled to possession, whether by default or after a final hearing, the plaintiff shall have a judgment for possession and rents due, if applicable, including damages and costs, and when a written rental agreement so provides, the court may award reasonable attorney’s fees.

A writ of possession shall issue on the date of judgment and shall direct any sheriff to serve the writ upon the defendant and, not earlier than 14 days after the writ is served, put the plaintiff in possession.

BILL AS PASSED BY THE HOUSE H.772 Page 54 of 73 § 4867.

PROPERTY OF TENANT REMAINING ON PREMISES AFTER EVICTION A landlord may dispose of any personal property remaining in a dwelling unit or leased premises without notice or liability to the tenant or owner of the personal property upon the landlord being legally restored to possession of the dwelling unit or leased premises pursuant to this subchapter.

§ 4868.

TRESPASS ORDERS After being legally restored to possession of the dwelling unit or leased premises pursuant to this chapter, the plaintiff may issue the defendant an order against trespass for the entire premises subject to the ejectment action in accordance with 13 V.S.A.

§ 3705.

Sec.

3.

12 V.S.A.

chapter 169 is amended to read:

CHAPTER 169.

EJECTMENT * * * Subchapter 3.

Superior Court Ejectment * * * § 4853a.

PAYMENT OF RENT INTO COURT;

EXPEDITED HEARING [Subsection (a) as amended by 2007, Act No.

125 (Adj.

Sess.), § 1.] (a) In any action against a tenant for possession, the landlord may file a motion for an order that the tenant pay rent into court.

The motion may be filed and served with the complaint or at any time after the complaint has been BILL AS PASSED BY THE HOUSE H.772 Page 55 of 73 filed.

The motion shall be accompanied by affidavit setting forth particular facts in support of the motion.

[Subsection (a) as amended by 2007, Act No.

176 (Adj.

Sess.), § 51.] (a) In any action against a tenant for possession brought in accordance with this chapter, 9 V.S.A.

chapter 137, 10 V.S.A.

chapter 153, or 11 V.S.A.

* * * VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 19 of 32 (g) The tenant may at any time by motion apply to the court to reduce the amount ordered to be paid into court under this section.

BILL AS PASSED BY THE HOUSE H.772 Page 56 of 73 * * * (i) Notwithstanding subsection (d) of this section, the parties may come to an agreement and at any time by motion apply to the court to reduce the amount ordered to be paid into court under this section.

chapter 153, 40 days after a writ of possession issued for failure to pay rent into court pursuant to subsection 4853a(h) of this title is served or upon the landlord being legally restored to possession of the leased premises by a writ of VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 20 of 32 possession issued for failure to pay rent into court pursuant to subsection 4853a(h) of this title, whichever is later.

BILL AS PASSED BY THE HOUSE H.772 Page 57 of 73 (b) Notwithstanding subsection (a) of this section, if the court stays the execution of a writ of possession issued pursuant to this chapter, then a landlord may dispose of any personal property remaining in a dwelling unit or leased premises without notice or liability to the tenant or owner of the personal property one day immediately after the landlord is legally restored to possession of the dwelling unit or leased premises.

Superior Court Ejectment for Nonpayment or Breach §§ 4861. 4861.

§§ 4467(a) 4467(a) or (b), the person entitled to the possession of the premises may have from the presiding judge of the Superior Court a writ to restore the person to the possession thereof.

§§ 4862. 4862.

TRIAL BY JURY (a) The process may issue as a summons, requiring the defendant to appear and answer to the complaint of the plaintiff, which shall state that the VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 21 of 32 defendant is in the possession of the lands or tenements in question, with a description thereof, that the tenant holds unlawfully and against the right of BILL AS PASSED BY THE HOUSE H.772 Page 58 of 73 the plaintiff.

§§ 4467(b)(2)(B), 4467(b)(2)(B), shall be attached to the complaint.

If the complaint is based on a termination under 99 V.S.A. V.S.A.

§§ 4467(a), 4467(a), the complaint shall include a copy of the rent ledger, if available.

§§ 4863. 4863.

§§ 4467(a) 4467(a) or (b), the court shall set a final hearing date not later than 90 days after the filing of the complaint absent good cause.

§§ 4864. 4864.

DEFAULT If the defendant fails to file an answer in the time provided pursuant to Rule 12 of the Vermont Rules of Civil Procedure, the plaintiff may file a motion for VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 22 of 32 a default judgment in accordance with Rule 55 of the Vermont Rules of Civil Procedure.

BILL AS PASSED BY THE HOUSE H.772 Page 59 of 73 § 4865.

§§ 4467(b)(2), 4467(b)(2), the plaintiff may file a motion for a judgment that the plaintiff is entitled to immediate possession of the premises on the grounds that the defendant’s continued occupation of the lands or tenements is threatening the health or safety of other residents, the landlord or the landlord’s agent, or neighbors.

The affidavit, signed written statement, or memorandum shall set VT LEG #388404 v.1 AS PASSED BY HOUSE H.772 Page 23 of 32 forth particular facts to show that a genuine dispute of fact exists in relation to the motion.

BILL AS PASSED BY THE HOUSE H.772 Page 60 of 73 (d)(1) If the defendant fails to appear for the hearing, or to file an affidavit, signed written statement, or memorandum in opposition to the plaintiff’s motion, or has failed to file an answer in the time provided pursuant to Rule 12 of the Vermont Rules of Civil Procedure, the plaintiff shall be entitled to judgment by default for immediate possession of the premises.