COVID-19 Legal FAQs for Renters in

This page has local legal information on residential (not commercial) renters’ issues during the COVID-19 pandemic. It is not legal advice, and you should check with your local legal aid and courts for current information. Your local city or county may have additional protections for renters.

This page was last updated on September 30, 2020. It was reviewed by our volunteer attorney experts.

Its information is taken from these sources:Princeton Eviction Lab's COVID Policy ScorecardsColumbia Law School COVID-19 Eviction Moratoria analysisEnergy and Policy Institute Utility Disconnect TrackerVermont Supreme Court orderVermont court updatesVermont general assembly billVermont utility updatesVermont Law Help COVID-19 updatesVermont Law S.333Governor extension

COVID-19 Legal FAQs for Renters in Vermont
Are there any special protections for Vermont renters during the emergency? How long do they last?

You may be protected from eviction through Dec. 31 under the national CDC Eviction Moratorium. Read more below to see if you’re protected.

Vermont has paused all evictions until the governor declares an end to the state of emergency (currently set to end on October 15, 2020). Some evictions, based on nonpayment of rent or for 'no-cause' reasons, may be paused for 30 days after that.

Check this page for further updates from the Vermont government.

Vermont renters may also have national protections against eviction through the CDC Eviction Moratorium. Check here to see if you are eligible.

What do the protections mean for Vermont renters?

The protections mean that through the end of Vermont's state of emergency:

  1. If you get a summons and complaint for eviction, all old and new cases are “stayed” (paused). But it is a good idea to write an answer anyway if you receive a summons and complaint. You don’t want to take the chance that the court will give your landlord a judgment by default because you didn’t send an answer. Answer even if you are past the 21-day answer deadline. You can use this answer form.
  2. All non-payment and no-cause eviction cases are paused until 30 days after the governor lifts the State of Emergency by declaration.
  3. If the complaint says you broke the lease or violated a rule, the court could schedule the case as soon as the governor lifts the State of Emergency by declaration, or after October 15, whichever is later.
  4. Writs of Possession are “stayed” (paused). After the governor declares the State of Emergency over, the writ must be served on you again to be valid.
  5. If you get a Writ of Possession, ask for legal help.

If you have any questions about your situation as a renter, ask for legal help to figure out your rights.

Do I still have to pay rent during COVID-19 in Vermont?

Yes, Vermont renters still need to pay rent during the emergency.

You may be protected for eviction based on nonpayment of rent through December 31st if you follow the CDC's National Eviction Moratorium's rules. But you may be sued for eviction after the special protections end, and will still owe all your rent.

Also, if you have been ordered to pay rent into court, you need to keep making those payments.

For help with unpaid rent, Vermonters should apply for the Rental Housing Stabilization Program through the Vermont State Housing Authority (VSHA). VSHA is accepting applications from landlords and tenants, and paying landlords directly to bring the tenant’s accounts current.

If you cannot pay rent, take steps to protect yourself:

  • See if you qualify for the national CDC Eviction Moratorium. If you do qualify, fill in the Declaration form and give it to your landlord. This can help stop the eviction, or give you a defense against it.
  • Communicate with your landlord: Send a written letter or email to your landlord as soon as possible. Explain why you cannot pay the rent because of COVID-19 impact. You can also try to negotiate with your landlord to make a payment plan or get a temporary rent reduction. Get help here for drafting and mailing a letter to your landlord. You can also use this letter-writing tool here. Also reach out to legal help.
  • Get written records of all communication: Keep copies of any letter or email you send, and any responses from the landlord. Keep receipts for any payments you make. If you make a payment plan or rent agreement, make sure to get it in writing.
  • Keep proof of COVID-19's impact on you: Collect documents about your COVID-19-related employment problems, health care issues, or other issues that affect your ability to pay rent. This includes letters from your employer, doctor, insurance provider, child care provider, schools, etc.
  • Check for help: If you need financial assistance for housing costs, you may be able to get help.
Can my landlord evict me during the emergency in Vermont?

You may still be evicted now in Vemont, but only for certain emergency situations. Those include criminal activity, illegal drug activity, acts of violence, or other circumstances that seriously threaten other residents.

Once the emergency period ends, landlords can begin to enforce evictions against renters once again.

You may also have U.S. national protections against eviction that last through Dec. 31, 2020. Check below to see if you are eligible for them.

If you receive a Writ of Possession, or an eviction lawsuit, get legal help right away.

Can my utilities be shut off during the emergency in Vermont?

The Vermont Public Utility Commission has issued an order preventing shutoffs until September 30, 2020. This may be extended further. Check for updates. You will need to pay your balance in the future.

Renters should still pay their utility bills if they can. If you need financial assistance for utility costs, you may be able to get help through a Department of Public Service program.

Landlords are never allowed to shut off a renter's utilities in an attempt to force the renter out. This is illegal. Reach out to a lawyer for help if this happens to you.

Are you eligible for eviction protections under the CDC Eviction Moratorium?

What is the CDC Eviction Moratorium?

The CDC Eviction Moratorium orders that renters should be protected from eviction if they are unable to pay their rent due to hardships like job loss, income loss, or medical expenses. This protection lasts from September 4, 2020 through December 31, 2020.

The CDC Eviction Moratorium is not automatic protection against eviction. Renters need to fill in a Declaration document and give it to their landlord to get the protection.

Landlords may still try to file an eviction lawsuit against renters, but renters can use the moratorium to defend themselves in court.

Do you qualify for protection under the CDC Eviction Moratorium?

The CDC Eviction Moratorium applies to people who:

  • Rent a home in the United States; AND
  • Make less than $99,000 (or $198,000 if you file a joint tax return); AND
  • Are facing eviction based on nonpayment of rent (not for other problems, like lease violations or criminal activity); AND
  • Can show they’re unable to pay rent because they’ve had a financial hardship, like losing a job, decrease in income, or medical bills; AND
  • Can show that they’ve been trying their hardest to pay their rent and find any rental assistance; AND
  • Can show that they’re at risk of homelessness if they were to be evicted.

If you live in a state, county, or city that has an eviction moratorium, the CDC Eviction Moratorium doesn’t replace this local one. It adds on top of your local protections.

What does the CDC Eviction Moratorium get you?

The CDC Eviction moratorium can stop an eviction proceeding against you. It could stop your landlord from removing you from your home, or from a court giving your landlord an eviction order through Dec. 31, 2020.

This means:

  • If your landlord has already started an eviction lawsuit against you, you can use the CDC Eviction Moratorium as a defense in court.
  • You can use the Declaration form to tell your landlord that you are protected from eviction, and to ask the court to stop the eviction.
  • You must follow the process below to be protected by the CDC Eviction Moratorium.

The CDC Eviction Moratorium does NOT get you rent relief:

  • Even if you fill in the Declaration, this does not cancel rent that you owe, or stop rent or late fees from building up.
  • After the CDC Moratorium expires on Dec. 31, 2020, you may be evicted for the rent that you owe.

The CDC Eviction Moratorium may NOT stop a landlord from suing you:

  • Even after you fill in the Declaration and send it to your landlord, they might still file an eviction lawsuit against you.
  • You can bring the Declaration to the court eviction hearing, to ask the court to stop the eviction.
  • Call a local lawyer for help if your landlord sues you for eviction.

How do you use the CDC Eviction Moratorium to protect yourself?

To secure CDC Eviction Moratorium protection, follow these steps:

  1. Apply for rental assistance. Look for any rental and utility assistance in your area, and submit applications to these programs. Find local assistance programs here.
  2. Fill out Declarations. You and every adult in the household need to fill out a Declaration about your financial hardships and your attempts to get assistance. In the Declaration, you must say that you are telling the truth and that you may face legal consequences if you are lying. You can use this guide for help with the Declaration.
  3. Send the Declarations to your landlord, and also tell the landlord that you will do your best to pay when you can. Keep a copy of the Declarations, as well as any receipt or documentation that you have sent it to your landlord (like email receipt or screenshots of the message). These can be useful evidence that you followed the process correctly.
  4. Protections through Dec. 31st. After you send this, your landlord cannot remove you from your home for nonpayment of rent through December 31, 2020. They are also never allowed to harass or intimidate you, or force you to leave the home without a court order.
  5. If your landlord has filed an eviction lawsuit against you, you can bring your Declarations to the court to ask them to stop the lawsuit. Contact a legal aid lawyer to help you with the lawsuit. Please note: Your landlord can still evict you for reasons other than nonpayment of rent, like for engaging in criminal activity in the home, violating building codes or health ordinances, or threatening the health and safety of other residents.
  6. You will continue to owe your rent. Try to make a plan about how you will take care of all the rent you owe. At the end of the Eviction Moratorium protections on Dec. 31, 2020, you will no longer be protected from being evicted.
  7. Make sure you know your lease and its terms. Some landlords may try to evict you based on violations of the terms in your lease. If you know your lease, you can protect yourself by making sure you do not break any of its terms.

If your landlord is trying to evict you, you should contact a legal aid attorney who helps with evictions. The CDC Eviction Moratorium might give you protections that lawyers can help you with.

Did I have eviction protections under the CARES Act?

What if I need repairs?

Can I break my lease?

What do I do if my landlord tries to evict me in Vermont?

Are eviction cases still proceeding through court in Vermont?

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