Vermont Addressing Holdover Tenancy in a Lease

State:
Multi-State
Control #:
US-OL24031
Format:
Word; 
PDF
Instant download

Description

This office lease form states that if the tenant, without the written consent of Landlord, holds over after the expiration of the term of the lease, and if the landlord does not proceed to remove the tenant from the demised premises in the manner permitted by law, the tenancy will be deemed a month-to-month tenancy.

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FAQ

§ 4460. (c) A landlord may only enter the dwelling unit without consent or notice when the landlord has a reasonable belief that there is imminent danger to any person or to property. (Added 1985, No. 175 (Adj. Sess.), § 1.)

Does the landlord want first and last month's rent? Some landlords require first and last month's rent as well as a security deposit. Except in Burlington and Barre, it is legal for the landlord to ask for advance payment of rent.

The eviction process will generally take at least two months from the time notice is given to tenants to the time a court order is issued. Some evictions last much longer. Despite the length of the eviction process, landlords must carefully adhere to the proper procedure.

A landlord can terminate a lease for no cause if: For month to month leases, tenants are given 60 days written notice. For week to week leases, tenants are given 21 days written notice. Tenants who have resided in the rental for more than 2 continuous years are given 90 days written notice.

A rental arrangement whereby a person rents to another individual one or more rooms in his or her 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 ...

If a landlord continues to accept rent payments, a holdover tenant can legally occupy the property, and state laws and court rulings determine the length of the new rental term?. If a landlord does not accept further rent payments, the tenant is considered a trespasser and may be evicted.

Key Takeaways. A holdover tenant is a tenant who continues to pay rent, even after the lease has expired. The landlord must also agree, or else eviction proceedings may occur. Holdover tenancy exists in a gray area between a full rental contract and trespassing.

Vermont state law requires that before ending a tenancy a tenant must give the landlord notice in writing at least one full rental payment period prior to the move-out date, if there is no written rental agreement to the contrary.

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Vermont Addressing Holdover Tenancy in a Lease