Make sure you know the difference!

When filling a housing application the question is often asked, “Have you ever been evicted?” Landlords ask this question to determine whether or not you will be a risk to them as a tenant. Negative rental information, such as late or missed rental payments and evictions, can have a huge impact on your ability to find rental housing, get a loan, and other opportunities. The impact is even more devastating when the information is wrong or misleading.

Before answering yes, it is important to understand the difference between “eviction” and “termination of tenancy.”

Eviction is the legal procedure used when a landlord wants a tenant to move out of an apartment. A tenant is not “evicted” until the entire court process is completed, a judge issues an order, and the order is delivered to the tenant.

Examples of what IS NOT an eviction:

• Non-renewal of lease

• A notice to terminate  with nothing filed in court

• Any eviction that DOES NOT go through a court process

• Illegal evictions (for example,  a landlord attempts to remove a tenant by shutting off the utilities, changing the locks, or moving a tenants belongings out)

Sometimes people refer to a non-renewal of a lease as an eviction. Because the language around eviction is unclear, the terminology often gets used interchangeably, sometimes even by reputable news sources.

Some applications ask: “Have you ever been evicted or have any eviction proceedings ever been started against you?”

This can be unclear to applicants. What constitutes “any eviction proceedings”? Termination notice or actually filing a Summons and Complaint in court? Answer yes only if there has been a filing in court that actually starts a legal eviction.

Using the correct terminology around eviction and termination of tenancy is critical to ensuring housing opportunities for ALL renters.

This is particularly important for Vermonters who face high rates of discrimination, who are at greater risk of being illegally evicted and already face barriers to accessing housing in Vermont.

Resources:

For immediate housing needs, call 211.

If you may be at risk of eviction, seek help now. Call Vermont LegalAid 1-800-889-2047 and our Vermont Tenants Hotline (below).

Have housing questions or concerns? Contact the CVOEO Housing Advocacy Team: 

• VERMONT TENANTS HOTLINE: (802) 864-0099, vttenants@cvoeo.org
• PREFERRED RENTER CERTIFICATES + CLASSES: www.cvoeo.org/rentright
• MOBILE HOME PROGRAM HOTLINE: (802) 660-3455 x 204
• VERAP APPLICATION SUPPORT (Vermont Emergency Rental Assistance Program – mobile home lot rent + utilities: (802) 881-6820
• FAIR HOUSING PROJECT: Rights & Responsibilities Education, Community planning resources for affordable, inclusive housing, (802) 660-3456 • fhp@cvoeo.org
• WEBSITE: www.cvoeo.org

The Vermont eviction moratorium expires on July 15, 2021 and the federal CDC eviction moratorium expires July 31. This does not mean that you can be removed from your rental unit right away. You cannot be evicted from your home without a court process. Read more here and contact Vermont Legal Aid for help.

Are you struggling to pay for housing costs due to economic hardship related to the COVID-19 pandemic? You may qualify for help from new assistance programs! If you are a renter, check out the Vermont Emergency Rental Assistance Program (VERAP). If you are a homeowner, click to learn more about the Mortgage Assistance Program (MAP).