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Landlord attorney urges trespass enforcement, cites landlord's suicide in H772 testimony
Summary
A landlord‑tenant attorney told the Senate committee that H772 should include enforceable trespass tools and support expedited removal in violent cases; he also shared a long-term client’s case that ended in the landlord’s suicide to illustrate the emotional and financial toll on small landlords.
A landlord‑tenant attorney told the Senate Economic Development, Housing & General Affairs committee that while some expedited processes in H772 are appropriate for violent or criminal cases, the bill should include clear, enforceable trespass language to keep evicted individuals off properties and prevent circumvention of orders.
"If you were evicted by court order ... this person cannot be on the property. Period," attorney Naen Sebec said, urging statutory trespass provisions that would allow law enforcement to remove and bar returned occupants when a writ of eviction has been executed.
Sebec described his practice of more than 30 years and said he filed roughly 425 cases last year statewide. He noted procedural realities for nonpayment cases — including that filing can add a court fee (he cited $317.93) and that Vermont allows pre‑filing 'serve first' approaches that can facilitate settlements before formal filing. He said he supports a shortened process for cases involving violence or criminal activity to protect neighbors, property managers and residents.
On trespass enforcement, Sebec told the committee that existing Vermont case law can limit the ability to trespass someone who is invited back by another resident; he urged statutory language to make clear that someone removed by a court writ after eviction should not be able to remain on or return to the property. He said some of that language appears in the current bill but that clearer, enforceable provisions would help property managers and neighbors.
Sebec closed with a personal client story to illustrate the stakes for some small landlords: a long‑time client who rented one half of a duplex and depended on rent for mortgage payments reached an agreement with tenants in which the landlord waived back rent to regain possession, only to find the unit damaged and to fall further into financial distress; Sebec said the client took his own life the day before Thanksgiving. Sebec framed the story as evidence of the severe emotional and financial strains some small property owners face and as context for why landlords seek practical enforcement tools.
The committee adjourned for a floor call before taking any vote on H772; Sebec and other witnesses left written testimony and were thanked by the Chair.
