Legal Question in Real Estate Law in Vermont
I live in one state and would like to evict a tenant in another state.
I live in Missouri and own a house in Vermont; which we have rented. The tenants have defaulted on an agreement, and I would like to evict them. We have been in contact with them via certified, return receipt mail. They refuse to give us their telephone number (which is unlisted), therefore we can not call them to make arrangements for them to vacate the premisis. What should be my next step?
1 Answer from Attorneys
Re: I live in one state and would like to evict a tenant in another state.
I'm expert in Mass. law, not VT law, but I'll assume there are enough similarities that I can enlighten you generally even if I'm dead wrong about one or another thing that I write.
Why do you want to evict them, exactly? Failing to communicate? Fear of damage to the home? You want to use the place yourself? They're not good about paying the rent? You don't like them? You don't like them not giving you their phone number? The reason can bear upon several aspects of the eviction.
Was there / is there a lease? If so, you probably can't evict just over the telephone or communications problem; you almost need non-payment of rent to evict during the period covered by lease.
1) It'd be safest and most expedient best to hire a local atty to evict, but you can probably slide by at first by
2) hiring a local constable (or sheriff -- whatever Vermont calls their process servers). Most process servers will know how to prepare (as well as 'serve') an eviction notice. Such notices tend to have to be technically conformant with very specific law and with specific wording, and one wrong statement will set you back in your eviction process by months. Don't send your letters any more because they can be used to undermine the official eviction notice.
However, if that doesn't work -- that is, after the expiration of the notice period you have in the notice, which period must conform to the law, you will then be very well advised to hire an attorney -- the process server will know who's good in this area of the law. The attorney will start the actual eviction suit, that is, set a court date (and notify the tenants of the suit in the proper legal fashion). I realize that this means that the tenants will have been there beyond your deadline.
What city in VT are they in or near? I can help you with some of the Southern parts or right in the Burlington area. Let me know directly at [email protected] but only if you'll answer all my questions above!
Are you in or near St. Louis, by the way?
One more comment: if there's a lease about to expire, you might be able to accelerate the process by scheduling a hearing (trial date) for right after the lease termination date.