Introduced by Senator Sears of Bennington District
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:
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.
The Vermont General Assembly
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