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Richard
Richard, Attorney
Category: Legal
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Experience:  Attorney with 29 years of experience.
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What is vermont state law regarding evicting a family member

Customer Question

what is vermont state law regarding evicting a family member from your home. my father is trying to kick my brother out of his house.My brother has lived at the house for 8 yrs with permission until recently and for 2.5 yrs took care of my mother as she was dying of als.
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

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When there is no lease, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, the tenancy can terminated by giving written notice of at least 30 days pursuant to Vt.Code Ann Tit. 9 § 4467.4456. If he does not leave voluntarily, under Vermont law, the owner will then need to give a 14-Day Notice to Quit...meaning the tenant must vacate the premises within that period or face formal eviction. Then, if the tenant still has not left, the owner will have to file a petition for an eviction order. Once that is granted...the owner can have the sheriff evict. Until that time, the owner is not allowed to move the tenant's stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order.

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