Everything About Rental Agreements

All arrangements between a proprietor and a tenant are "rental agreements" according to Vermont's Residential Rental Agreements Act (RRAA). 9 V.S.A. § 4451( 8 ). The rental contract does not have to remain in composing. You and the proprietor have all the rights and commitments in the law despite the fact that there is no written contract. 9 V.S.A. § 4453.

The RRAA requires that the tasks and rights of property owners and tenants in the law are suggested (made a part of) all rental agreements. Which ones are indicated in all rental arrangements? See this list of rights and duties of tenants and landlords. For more details on these rights and responsibilities, visit our Rights and Duties Explained page.

All of the arrangements made by you and the property owner or indicated by the RRAA are called the "terms" of the tenancy. 9 V.S.A. § 4454.

The RRAA secures you and requires you to do (or not do) some things. It likewise secures property managers and needs them to do (or not do) some things. The law is the very same if you have actually a composed or spoken rental contract. 9 V.S.A. § 4453.

Any part of a rental arrangement that attempts to navigate the RRAA isn't legal. 9 V.S.A. § 4454. See the list of rights and responsibilities in the RRAA for what need to remain in a rental contract.

The RRAA never uses the word "lease." Calling a property rental agreement a "lease" does not have any unique legal meaning in Vermont. Other statutes (12 V.S.A. § 4851( ejectment), 10 V.S.A. § 6201( 5 )( mobile home parks)), the courts, subsidized housing property managers and housing authorities do use the word "lease."

Rental agreements can be for an amount of time that is specified in the rental arrangement. For instance, the contract might be 6 months or a year. During that time, all of the terms (consisting of the quantity of rent) of the occupancy stay the same. Or a rental agreement can be "month-to-month." This indicates the length of the tenancy or the amount of lease can be changed as long as you get the notice required by the RRAA.

As far as rental agreements go, calling it a lease doesn't guarantee that the terms can't be altered for a year. If you want the tenancy to be for a specific duration of time, you need to get the property owner to agree.

All of the rights and commitments of the RRAA belong to the agreement even without being made a note of. 9 V.S.A. § 4453. Any extra terms might not be enforceable unless you and the property manager have actually talked about them and agreed - and then just as long as the RRAA does not prohibit the agreement. 9 V.S.A. § 4454.

If you have only a verbal agreement, you might "concur" to something without recognizing you have agreed. For instance, if you accept no holes in the walls thinking that does not keep you from hanging photos, the property owner might charge you for fixing the holes from hanging your photos.

When you are choosing to rent an apartment or condo, you require to pay attention to what the landlord says.

Because the RRAA sets out numerous rights and responsibilities of occupants and property managers, and because written rental arrangements can't alter what remains in the RRAA, a written rental arrangement tends to have more advantages for proprietors than for tenants.

Advantages for a proprietor:

- The landlord might reduce the time length of advance notification needed to end the occupancy. 9 V.S.A. § 4467( c), (e).
- The proprietor might make the time length of advance notice you require to offer the proprietor when you desire to vacate longer. 9 V.S.A. § 4456( d).
- A written rental arrangement might need you to pay your proprietor's lawyer's costs if a legal representative is used to impose any part of the agreement or to evict you. (Note: If you harm the unit or disrupt your neighbors and your landlord evicts you because of it, the RRAA makes you responsible for the landlord's attorney's charges. 9 V.S.A. § 4456( e).).
- A composed rental contract can name individuals who can live in the system, and keep you from letting someone move in. - Note: It would be discrimination for a landlord to evict you for having an infant. 9 V.S.A. § 4503( a).
- A proprietor can keep you from subleasing the location you rent, 9 V.S.A. § 4456b( a)( 1 ), and can force out the person who subleases your place in an "expedited hearing." Expedited methods quicker than normal. 12 V.S.A. § 4853b.

A written rental arrangement might help you as a renter because:

- It might guarantee that the lease won't change until a certain date.
- It can limit the amount your rent can go up.
- It can state the length of time you can live there.
- If it isn't written in the arrangement, the landlord can't say you consented to it. Verbal arrangements outside the written agreement might not be enforceable. For instance, a written arrangement can say who need to spend for heating fuel or electricity.

Generally, a property owner can not charge late charges.

A late charge is legal just if:

- The rental agreement states a late fee will be charged for late rent, and

- The charge is only the affordable cost to the property owner because of the late payment. See Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313 (1991 ). Reasonable expenses to the landlord means the landlord's actual additional cost since of late lease, like additional cost in keeping the books, driving over to you, making telephone call, or composing you letters.

A late cost is not legal when:

- A flat charge of a specific quantity of money if lease is paid after the rent day is typically not the property manager's reasonable cost, therefore is illegal.
- Your property owner can not use you a lease "discount" for paying by a specific date. In one case, the Windham Superior Court held that rewards for early payments are the very same as charges and hence, they are not legally legitimate. See Shapiro v. Cormier, Docket No. 220-5-12 Wmcv (Windham Super. Ct., Aug. 22, 2012). (If you require an accessible variation of this PDF file, we will provide it on your request. Please use our site feedback form to do so.)

A rental arrangement can include these terms:

- Only individuals named in the written rental arrangement (and their minor children, even if they show up later on) can live in the rental.
- Subleasing is allowed or not permitted. 9 V.S.A. § 4456b( a)( 1 ).
- Smoking is not enabled.
- Pets are not enabled. But, if you need an animal because of your disability, see our Reasonable Accommodations page.
- A description of what spaces (living area, other areas) are included.
- Rules about using typical locations.
- Who is responsible for paying energy expenses.
- The responsibility to pay a set quantity of rent, for a set amount of time, even if the occupant chooses to vacate early. (The property owner has a task to re-rent the place as quickly as possible, but the tenant may owe lease till somebody else rents it.)

You can accept a change however you don't need to.

If you or the property manager wishes to alter a term or condition in your rental arrangement, you can ask each other to concur. You or the landlord can't alter the rights and commitments in the RRAA, but other parts of rental contracts can be altered. If the rental agreement is in writing, changes must remain in writing.

Generally for things like family pets, improvements (redecorating or upgrading appliances or components) if a single person asks, and the other concurs, then that term of the rental arrangement is changed. But if the landlord wants something, and you don't want it, then you can disagree.

The examples listed below assume that the system remains in great repair, and not being damaged by the occupant:

- Two months after you move in the property owner says, "I wish to secure the bathtub and put in a shower." You state, "No, I like the bath tub." The bath tub is part of what you accepted rent, and you do not concur to alter it. Landlord can't remodel the bathroom.
- Or, proprietor says, "I am changing my mind. You can't have a family pet." You don't have to accept eliminate your family pet.
- Or you state, "I do not like the gas stove in the apartment or condo. I desire an electric range." Landlord doesn't have to agree to a new range.

Note: There is a difference in between contracts to alter something and repair work needed by law. The RRAA does not allow you or your family pet to trigger damage, 9 V.S.A. § 4456( a), (c), and the RRAA requires the property owner to keep the system safe and clean, 9 V.S.A. § 4458. See our page about Repair Problems and Tenant's Right to Repair.

You or the proprietor may desire to end the occupancy if one of you wants a change and the other does not. If your rental agreement is not for a specific amount of time, either of you might offer advance notification to end the tenancy. 9 V.S.A. § 4456( d), 9 V.S.A § 4467( c)( e).

Staying longer than a composed arrangement

Do you have a composed rental arrangement that states the rental contract was for a particular period of time, for instance January 1 - December 31? If that time has expired, you may question if there is still a composed rental arrangement, or is there no written rental contract?

It depends on what the composed agreement states. If it specifies the dates and does not additional address what happens when it expires, the composed contract ends, but the tenancy does not. That is because when you relocate with the arrangement of a proprietor, the property owner needs to send a notice to end the tenancy, even if there is a composed rental agreement which expires. In other words, the expiration of the agreement is not enough notification to end an occupancy.

A composed rental agreement that expires on a particular date might consist of a provision that defines the length of the tenancy after that date has actually passed. It could say, for instance, the tenancy continues from month to month. Or it could say if you do not vacate, the occupancy continues for another year.

Whatever it says, if the landlord wants you out, they have to offer you a termination notice needed by the tenancy you have.

Learn more on our Rent Increases page.

A Vermont law that took impact on July 1, 2018, legalized belongings of as much as an ounce of marijuana and two mature and 4 immature plants. If you are a tenant, or if you have a rental aid from a housing authority, or if you have some other form of federally assisted rental subsidy, take care. Your lease and program guidelines might still make it a violation of the guidelines for you to have marijuana or cannabis plants in your rental unit. Your lease may also ban smoking, consisting of smoking cannabis.

The brand-new Vermont law does not alter the terms of your lease. The new law does not change the program rules for occupants with federal rental assistance. If you are uncertain, check your lease or program guidelines or speak to your proprietor or housing authority. You can likewise contact us for help. Your details will be sent out to Legal Services Vermont, which screens demands for aid for both Vermont Legal Aid and Legal Services Vermont.

Print.

Housing.
Discrimination/ Fair Housing.
Housing Discrimination Does Happen in Vermont

Have You Been Discriminated Against?
Disability Discrimination.
Who is Protected?

Reasonable Accommodations and Modifications

Assistance Animals

Mortgages and Residential Or Commercial Property Taxes After a Catastrophe

COVID-19 Crisis, Mortgages and Foreclosures

Foreclosure Process

Foreclosure Mediation

Special Loans and Situations

Mortgage and Foreclosure Form Letters

More Help

Renter Rights After a Disaster

Vermont Law on Renting: The RRAA

What to Know Before You Rent

All About Rental Agreements

Rights and Duties Explained

Rent Increases

Bedbugs

Repair Problems

Guests, Roommates & Trespassers

Can the Landlord Enter My Unit?

Lockouts, Utility Shutoffs & Your Belongings

Housing Protections for Victims

Leaving

Security Deposits

Evictions

Notice to Terminate Tenancy

Court Process: General

Court Process: Eviction

Court Process: Suing Landlord

Court Process: Small Claims

Abandoned Rental Unit or Residential Or Commercial Property

Rights of Tenants When a Property Manager remains in Foreclosure

Renter Credit/ Rebate

Subsidized Housing/ Subsidies

Health and wellness

Mobile Home Park Leases

Lot Rent Increases

Mobile Home Park Evictions

Selling Your Mobile Home

Abandoned Mobile Homes

When a Park is Sold or Closes

Links to Vermont law

V.S.A. implies Vermont Statutes Annotated. The number before V.S.A. is the title number. The number after § is the section number. You can utilize these links to look up Vermont laws mentioned on this page:

9 V.S.A.

. More Help

How We Can Help - Contact Us

Forms You Can Use

Help From Other Vermont Lawyers:

Ask legal questions through Vermont's Free Legal Answers program.
Vermont Bar Association lawyer referral.
VT Association for Justice attorney referral.
Criminal Public Defenders

Legal Help for Active Military, Veterans & Their Families

Legal Problem in Another State

Quick Links

- Home.
- How We Can Help - Contact Us.
- Locations.
- Legal Help Tool.
- Legal Roadmaps.
- VTCourtForms.
- Other Forms You Can Use.
- COVID Legal + Benefits Info.
- Website + SMS Privacy.
- Accessibility.
- PDFs and Adobe Reader

Language Help

- American Sign Language.
- العربية/ Arabic.
- Bosanski/ Bosnian.
- မ န မ စ/ Burmese.
- دری/ Dari.
- Español/ Spanish.
- Français/ French.
- Ikirundi/ Kirundi.
- Kiswahili/ Swahili.
- Mai-Mai/ Maay Maay.
- 官話/ 官话/ Mandarin.
- नेपाली/ Nepali.
- پښتو/ Pashto.
- Soomaali/ Somali.
- українська мова/ Ukrainian.
- Tiếng Việt/ Vietnamese.
- Google Translate

About This Website

VTLawHelp.org is a joint job of Vermont Legal Aid and Legal Services Vermont - Interacting for Justice.

Funding from the Legal Services Corporation.