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S.128

Introduced by Senator Sears of Bennington District

Referred to Committee on

Date:

Subject:  Housing; landlord-tenant; nonpayment of rent

Statement of purpose:  This bill proposes to address actions regarding nonpayment of residential rent in small claims court.

AN ACT RELATING TO NONPAYMENT OF RENT; SMALL CLAIMS COURT

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  9 V.S.A. § 4468 is amended to read:

§ 4468.  TERMINATION OF TENANCY; ACTION FOR POSSESSION;

              NONPAYMENT OF RENT

(a)  If the tenant remains in possession after termination of the rental agreement, without the express consent of the landlord, the landlord may bring an action for possession, damages, and costs under subchapter 3 of chapter 169 of Title 12.

(b)  The landlord may bring an action solely for nonpayment of rent under chapter 187 of Title 12.

Sec. 2.  12 V.S.A. § 5531(a) is amended to read:

(a)  The supreme court, pursuant to section 1 of this title, shall make rules under this chapter applicable to such court providing for a simple, informal, and inexpensive procedure for the determination, according to the rules of substantive law, of actions of a civil nature of which they have it has jurisdiction, other than actions for slander or libel and in which the plaintiff does not claim as debt or damage more than $3,500.00; provided however that in an action brought by a residential landlord to recover unpaid rent pursuant to 9 V.S.A. § 4468(b), the plaintiff may claim more than $3,500.00 as debt.  The procedure shall not be exclusive, but shall be alternative to the formal procedure begun by the filing of a complaint.

Sec. 3.  RULES OF SMALL CLAIMS COURT PROCEDURE

The administrative judge shall amend the rules of small claims procedure consistent with this act pursuant to chapter 1 of Title 12.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us