Eviction vs Termination of Tenancy

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).

New VT housing discrimination survey – Please spread the word!

By Shiferaw Gemeda
Fair Housing Project Community Organizer


The Fair Housing Project of CVOEO and the Vermont Human Rights Commission are collecting data on the prevalence of housing discrimination in Vermont. We know that many people experience illegal housing discrimination, exclusion, and harassment but only a small percentage of these instances get reported. We have developed a community survey to learn more about housing stability in Vermont and the ways that people are excluded from or treated differently in housing.

Have you ever been denied access to housing or been treated differently in your apartment search or home purchase, financing or other transactions because of your race, skin color, disability, national origin, religion, age, marital status, sex, sexual orientation/gender identity, or because you have children, receive public assistance (like Section 8 or other vouchers), or have experienced abuse, sexual assault, or stalking?

Please spare few minutes to answer this confidential survey. It is available in English, Nepali, Arabic, Spanish, and French. A printable version is available for download here. The survey deadline is July 12, 2021.

Survey link:  https://forms.office.com/r/jDJG5zu1J9

The results will be used to design better strategies to ensure fair and equitable housing choice for all in the state of Vermont.

For more information, contact Shiferaw Gemeda at sgemeda@cvoeo.org.

CVOEO Statement of Support to the Asian-American Community

The Champlain Valley Office of Economic Opportunity grieves for and stands with the victims, their families, and the entire community in Atlanta. We feel the burning pain of the intolerance, misogyny, and racism that led to these eight tragic deaths. We stand up in protest to their murders because we cannot bear to see racism, misogyny, or any other manifestation of intolerance exist and spread further fear. This has to stop.

To you, our Asian and Asian-American community members, you are our next-door neighbors; you are our co-workers, your children are our children’s classmates. We are each a part of one another. We see you. We see your strength. We see you rise, day after day, to make our community stronger. We see the many ways you contribute to and help lead our community. We see you making Vermont more inclusive and stronger every day.

When someone dies, we are called to remember how important and sacred life is. We must continually recommit to shared values that ensure safety, equity, and a more just society for all. At CVOEO, we strive to help build a diverse, fair, equitable, and unbiased society by providing support to individuals in meeting their needs and reaching their goals. We know that your safety is our safety and your freedom is our freedom. We are all in this life together.

As an organization, CVOEO will continue to take action to move towards a just society. We will continue advocating for policies, education and resources that dismantle racism. To our Asian and Asian-American community members, and our BIPOC and LGBTQ plus community members: We see you! We believe in your dignity, resilience and strength and we stand with you; you are part of us.

To people across Vermont we invite you to join with CVOEO as we strive towards a fair, equitable, and just society where each individual, regardless of their skin color, gender, sexual identity, religion, income level, or political affiliation, belongs.

Vermont Human Rights Commission Statement Against Asian American and Pacific Islander Violence & Discrimination

Please also see the recent statement by the Vermont Human Rights Commission in solidarity with Asian American and Pacific Islander (AAPI) community members. HRC’s statement includes:

  • Statistics on incidents of hate, violence, harassment, discrimination, shunning, and child bullying against AAPI in the United States over the past year: 3,795 incidents, ranging from verbal harassment to physical assault. The Stop AAPI Hate Report paints only a sliver of what is happening on the ground because not all survivors of harassment, discrimination, and acts of violence come forward. There are many barriers to speaking out.  
  • A link to the recording of HRC’s May townhall “When Fear Turns to Hate: Addressing Racism in VT against Asian and Pacific Islander Communities.
  • Concrete ways to support AAPI community members in Vermont:
    • On April 8th, from 5:30-7:30 p.m., join the Peace and Justice Center, SURJ, and the Vermont Human Rights Commission in a Bystander Intervention training. Register here: Meeting Registration
    • If you are a member of the AAPI community and would like to stay connected to other AAPI community members e-mail Amanda.garces@vermont.gov to direct you to grassroots groups creating connection and community. 
    • If you experience harassment or discrimination, report it to Human Rights Commission or Attorney General’s Office.