Vermont Rules on Partial Rent Payments and Eviction Risks

If you’re a renter in Vermont facing difficulty paying the full rent, you might wonder what could happen if you can only make a partial payment. Understanding Vermont's laws on partial rent payments and eviction risk is crucial to help protect your rights and make informed choices about your home.

What Is a Partial Rent Payment?

A partial rent payment is when a tenant pays only part of the total rent due for a given period, rather than the full agreed-upon amount on the due date. This situation can arise due to unexpected financial challenges or emergencies.

Does Accepting a Partial Payment Stop Eviction in Vermont?

In Vermont, a landlord can still pursue eviction even if you make a partial rent payment, unless there is a written agreement that accepting the partial payment forgives the remainder owed or waives the right to evict you for nonpayment. According to the Vermont Residential Rental Agreements Act, landlords can serve a notice to terminate the tenancy for nonpayment of rent, even after receiving a partial payment, unless agreed otherwise.^[1]

However, if you can pay the full amount before the court enters judgment for eviction, you may avoid being evicted. Landlords and tenants are encouraged to communicate and, if possible, put any agreements about partial payments in writing.

Notice Requirements and the Eviction Process

Before a landlord can begin an eviction for nonpayment, they must provide a written 14-day notice to terminate the tenancy. This is sometimes called a “Notice to Quit (Nonpayment of Rent).”

• Form: Notice to Terminate Tenancy for Nonpayment of Rent (Form 400-00183)
• When It’s Used: Landlords must use this notice to inform renters that they intend to end the tenancy because the rent has not been fully paid. For example, if your rent is $1,000, and you pay $700, your landlord can serve this notice for the unpaid $300.
• Action: After receiving the notice, tenants have 14 days to pay the remaining rent. If the full amount is paid within this period, the landlord cannot move forward with eviction for nonpayment for that month.

Evictions are handled by the Vermont Judiciary (Superior Court, Civil Division). If the landlord proceeds with eviction, you will receive a Summons and Complaint, and you have the right to respond in court.

What Should Vermont Renters Do If They Can’t Pay Full Rent?

If you anticipate trouble making full rent payments, take these steps:

• Contact your landlord promptly and explain your situation
• Put any partial payment agreements in writing
• Keep records of all communications and payments
• Seek local financial assistance programs if needed

Relevant Vermont Forms for Renters Facing Eviction

• Notice to Terminate Tenancy for Nonpayment of Rent (Form 400-00183): Used by landlords to notify tenants about overdue rent and the risk of eviction. Download the official form.
• Answer to Complaint (Form 400-00038): Used by tenants to respond to an eviction lawsuit. You must file this in court if served with a Summons and Complaint. Access and download the Answer form here.

Tenant Rights and Vermont Legislation

The primary law covering Vermont renters and landlords is the Vermont Residential Rental Agreements Act (9 V.S.A. § 4451 et seq.). This act sets the rules for rent payments, notices, and the eviction process.

For official guidance and more resources, visit the Landlord/Tenant Portal of the Vermont Judiciary.

FAQ: Vermont Partial Rent Payments and Eviction Risk

1. Does my landlord have to accept a partial rent payment?
   Landlords in Vermont are not legally required to accept partial rent payments unless both parties agree. Always confirm in writing if your landlord will accept a partial payment and what conditions apply.
2. Can my landlord still evict me if I pay part of the rent?
   Yes. Unless there is a written agreement stating otherwise, a landlord in Vermont can start eviction proceedings after a partial payment if the rest is not paid.
3. What if I pay the full rent after getting a notice to quit?
   If you pay all rent owed within the 14-day notice period, your landlord cannot continue with the eviction for that month’s nonpayment.
4. What official forms should I use if I'm being evicted?
   If served with eviction papers, use the Answer to Complaint (Form 400-00038) to respond in court.
5. Which Vermont government office handles residential evictions?
   The Vermont Judiciary (Superior Court, Civil Division) handles all state eviction proceedings.

Conclusion: Key Takeaways for Vermont Renters

• Making a partial rent payment does not automatically prevent eviction in Vermont.
• Act quickly if you receive a notice to quit—pay the full amount or seek support.
• Always put any agreements regarding partial payments or repayment in writing.

Understanding your rights and acting promptly can help you avoid eviction risk when it comes to partial rent payments.

Need Help? Resources for Renters

• Vermont Judiciary (Court Information for Tenants)
• Vermont Legal Aid – Tenants’ Rights
• Vermont Department for Children and Families – Rental Assistance
• Vermont Residential Rental Agreements Act

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1. Vermont Residential Rental Agreements Act (9 V.S.A. § 4451 et seq.)
2. Vermont Judiciary – Landlord-Tenant Resources
3. Notice to Terminate Tenancy for Nonpayment of Rent (Form 400-00183)
4. Answer to Complaint (Form 400-00038)

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