27 V.S.A. § ___ § 1338
Circumvention of this subchapter
Operative Text
A declarant shall not attempt to circumvent the provisions of this subchapter; nor shall any person willfully cause a tenant to vacate a dwelling unit or to be evicted from the unit without good cause in contemplation of conversion before the issuance of the notice prescribed in section 1333 of this title. (Added 1985, No. 175 (Adj. Sess.), § 5.)
Vermont law under 27 V.S.A. ch. 15 § 1338 prohibits two related forms of misconduct in the condominium-conversion context: a declarant (the party converting a property to condominiums) may not take steps designed to get around the protections of the subchapter, and no person may deliberately cause a tenant to leave or be evicted without good cause when that action is taken in anticipation of a conversion and before the required notice under § 1333 has been issued. The provision is aimed at preventing bad-faith maneuvers that would strip tenants of the rights the subchapter is designed to provide. Both prohibitions apply regardless of the form the circumvention attempt takes.
Plain English — not legal advice.
Property owners and declarants undertaking or planning a condominium conversion in Vermont are expected, under 27 V.S.A. ch. 15 § 1338, to allow the conversion process to proceed through its lawful steps without engineering tenant departures ahead of the required § 1333 notice. Compliant operators generally ensure that any tenant vacancy or eviction occurring near the time of a planned conversion is supported by documented good cause wholly unrelated to the conversion itself. Keeping clear records of the legitimate basis for any tenancy action taken during the pre-conversion period is a practice commonly associated with compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 27 V.S.A. ch. 15 § 1338, Vermont tenants have a right not to be pushed out of their homes — through eviction or other pressure — without good cause when a landlord or declarant is contemplating a condominium conversion and the notice required by § 1333 has not yet been delivered. Tenants who believe they have been subjected to such conduct may consider documenting the timeline of events, including any communications about a planned conversion, and reaching out to a tenant-rights organization or Vermont Legal Aid for information about available remedies. Raising a violation of § 1338 as a defense in an eviction proceeding is one path that tenants in this situation may explore with the help of a qualified advocate.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation