How to Legally Evict a Roommate Not on the Lease in Vermont

If you're sharing a rental in Vermont and need to remove a roommate who isn't listed on the lease, understanding your rights and the legal process can help you avoid common pitfalls. Vermont law treats these situations differently from standard tenant evictions, so it's important to approach the process carefully to protect your rights and avoid unintended consequences.

Understanding Roommate Relationships and Vermont Law

When a roommate is not on the lease, they are typically considered either a "subtenant" (informal) or a "guest". Vermont law views these individuals as "occupants" or "licensees." This distinction matters because formal eviction through the courts may not always be required, but you must still follow Vermont law and avoid self-help actions, like changing the locks or discarding their belongings.

Are You the Tenant or the Landlord?

In most cases, if you are the tenant named on the lease, you do not have the same authority as a landlord to evict someone. The property owner (your landlord) is typically the one who can start a formal eviction, but there are steps you can take if your roommate has overstayed their welcome or is causing issues.

Steps to Remove a Roommate Not on the Lease in Vermont

Here's an easy-to-follow summary before we go into detail:

• Talk to your landlord to let them know about the situation.
• Provide your roommate with a written notice to vacate.
• If your roommate refuses to leave, the landlord may need to begin a formal eviction.

Step 1: Notify the Landlord

Let your landlord know that your roommate (who is not on the lease) needs to be removed. Some leases prohibit subletting or having long-term guests without permission, so informing your landlord protects you from possible lease violations.

Step 2: Give the Roommate Written Notice

Under Vermont law, if your roommate doesn’t have a written rental agreement, you can provide notice to vacate. The typical notice period is at least 14 days for a month-to-month "guest." Write a clear, dated letter stating the date by which your roommate should leave. Vermont does not have a specific government form for this situation, so a written letter is sufficient.

Step 3: If the Roommate Refuses to Leave

If your roommate does not move out by the date given in your notice, only the landlord can start a formal eviction process in Vermont courts. Self-help actions, such as locking your roommate out or removing their belongings, are illegal in Vermont and could result in legal penalties.

• Landlord Petition for Ejectment (Eviction): If eviction is necessary, the landlord can file a "Complaint for Ejectment" in Vermont Superior Court, Civil Division. More details and forms are available from the Vermont Judiciary - Complaint for Eviction. This process is governed by the Vermont Residential Rental Agreements Act.
  
  • Complaint for Eviction (Form 400-00014A): Used by landlords to begin the court process for removing a tenant or occupant. A tenant can show this to their landlord if a non-leased roommate refuses to leave. The official form and filing information is available from the Vermont Judiciary Court Forms.

Never Use Force or Change the Locks

Even if the situation is difficult, changing the locks or removing your roommate's property without a court order is prohibited under Vermont landlord-tenant law and can have serious consequences.

Vermont's Housing Tribunal and Legal Guidance

Residential eviction actions—including disputes with unlisted roommates—are handled by the Vermont Superior Court, Civil Division. All court filings, notices, and hearings go through this tribunal.

Relevant Vermont Legislation

• Vermont Residential Rental Agreements Act (9 V.S.A. Chapter 137)

This law covers all rights and obligations for tenants and landlords, including the process for removal of unauthorized occupants.

The safest and most effective way to remove a roommate not on your lease is to work closely with your landlord and, if necessary, let the court handle eviction. Avoid any "do-it-yourself" removal methods to stay within Vermont law.

Frequently Asked Questions

1. Can I evict a roommate who isn't on the lease myself in Vermont?
   No. Only the landlord can file for a formal eviction in Vermont. If your roommate refuses to leave after proper notice, your landlord must involve the court.
2. How much written notice does a roommate not on the lease need?
   For most "guests" or informal roommates, 14 days' written notice is considered reasonable in Vermont. Always check your lease or consult the landlord for specifics.
3. Is there an official Vermont form to remove a non-leased roommate?
   No specific form exists for this. If formal eviction is needed, your landlord completes a "Complaint for Eviction" through the Vermont Judiciary.
4. What if my roommate won't leave even after notice?
   Contact your landlord. They may need to start a legal eviction in Vermont Superior Court, Civil Division.
5. Can I change the locks to force my roommate out?
   No. Changing locks or removing belongings without a court order is illegal in Vermont and can result in legal action against you.

Key Takeaways

• If your roommate is not on the lease and refuses to leave, only the landlord can start an eviction in Vermont.
• Always provide written notice and keep records of your communications.
• Never lock out or forcibly remove a roommate on your own—rely on the court process to stay within the law.

Need Help? Resources for Renters

• Vermont Superior Court, Civil Division – Handles all landlord-tenant eviction cases.
• Vermont Residential Rental Agreements Act – Full text of Vermont’s landlord-tenant laws.
• Vermont Legal Help: Renters – Free legal information and resources for Vermont renters.
• Vermont Department for Children and Families: Housing Assistance – Help for renters facing housing instability.

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1. Vermont Residential Rental Agreements Act (9 V.S.A. Chapter 137)
2. Vermont Superior Court, Civil Division
3. Vermont Judiciary – Complaint for Eviction (Form 400-00014A)

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