propcart

thestreet.com
All contracts in between a property owner and a tenant are "rental contracts" according to Vermont's Residential Rental Agreements Act (RRAA). 9 V.S.A. § 4451( 8 ). The rental contract does not have to remain in writing. You and the landlord have all the rights and responsibilities in the law despite the fact that there is no written agreement. 9 V.S.A. § 4453.

The RRAA needs that the duties and rights of proprietors and renters in the law are implied (made a part of) all rental contracts. Which ones are implied in all rental arrangements? See this list of rights and responsibilities of occupants and property owners. For more details on these rights and duties, visit our Rights and Duties Explained page.

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

The RRAA secures you and needs you to do (or not do) some things. It likewise safeguards property managers and requires them to do (or not do) some things. The law is the exact same if you have a written or verbal rental arrangement. 9 V.S.A. § 4453.

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

The RRAA never uses the word "lease." Calling a residential rental contract a "lease" does not have any special 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 owners and housing authorities do use the word "lease."

Rental arrangements can be for a period of time that is specified in the rental agreement. For instance, the arrangement could be 6 months or a year. During that time, all of the terms (consisting of the amount of rent) of the occupancy remain the exact same. Or a rental contract can be "month-to-month." This suggests the length of the occupancy or the quantity of rent can be changed as long as you get the notification needed by the RRAA.

As far as rental contracts go, calling it a lease does not ensure that the terms can't be changed for a year. If you want the occupancy to be for a specific time period, you need to get the property owner to agree.

All of the rights and responsibilities of the RRAA become part of the contract even without being made a note of. 9 V.S.A. § 4453. Any extra terms might not be enforceable unless you and the landlord have actually discussed them and concurred - and then just as long as the RRAA does not restrict the contract. 9 V.S.A. § 4454.

If you have just a verbal agreement, you might "agree" to something without understanding you have agreed. For instance, if you agree to no holes in the walls believing that does not keep you from hanging pictures, the proprietor may charge you for repairing the holes from hanging your images.

When you are choosing to lease a home, you need to pay close attention to what the landlord states.

Because the RRAA sets out many rights and tasks of renters and landlords, and because written rental contracts can't alter what is in the RRAA, a written rental contract tends to have more advantages for landlords than for tenants.

Advantages for a property manager:

- The property manager could shorten the time length of advance notice needed to end the tenancy. 9 V.S.A. § 4467( c), (e).

The landlord could make the time length of advance notice you need to give the landlord when you wish to vacate longer. 9 V.S.A. § 4456( d).
A written rental agreement could need you to pay your property manager's lawyer's costs if a legal representative is used to enforce any part of the contract or to evict you. (Note: If you damage the unit or disrupt your neighbors and your landlord evicts you since of it, the RRAA makes you accountable for the proprietor's attorney's charges. 9 V.S.A. § 4456( e).).
A composed rental arrangement can name the individuals who can live in the system, and keep you from letting somebody move in. - Note: It would be discrimination for a landlord to evict you for having an infant. 9 V.S.A. § 4503( a).
A property manager can keep you from subleasing the place you lease, 9 V.S.A. § 4456b( a)( 1 ), and can evict the person who subleases your location in an "expedited hearing." Expedited ways faster than typical. 12 V.S.A. § 4853b.

A composed rental contract may help you as an occupant since:

- It might ensure that the lease will not alter up until a specific date.
It can limit the amount your lease can increase.
It can say the length of time you can live there.
If it isn't written in the agreement, the proprietor can't say you concurred to it. Verbal agreements outside the written agreement may not be enforceable. For example, a written agreement can state who must spend for heating fuel or electrical power.

Generally, a property manager can not charge late charges.

A late cost is legal just if:

- The rental arrangement states a late cost will be charged for late lease, and

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

A late cost is not legal when:

- A flat charge of a particular quantity of cash if rent is paid after the rent day is normally not the proprietor's affordable cost, therefore is prohibited.
Your proprietor can not use you a rent "discount rate" for paying by a specific date. In one case, the Windham Superior Court held that incentives for early payments are the same as charges and hence, they are not legally legitimate. See Shapiro v. Cormier, Docket No. 220-5-12 Wmcv (. Ct., Aug. 22, 2012). (If you need an available variation of this PDF document, we will offer it on your request. Please use our website feedback form to do so.)

A rental arrangement can include these terms:

- Only individuals called in the composed rental agreement (and their minor children, even if they show up later on) can reside in the rental unit.
Subleasing is enabled or not allowed. 9 V.S.A. § 4456b( a)( 1 ).
Smoking is not enabled.
Pets are not allowed. But, if you require an animal due to the fact that of your special needs, see our Reasonable Accommodations page.
A description of what spaces (living space, other locations) are included.
Rules about using typical areas.
Who is accountable for paying utility expenses.
The responsibility to pay a set amount of lease, for a set amount of time, even if the tenant chooses to vacate early. (The landlord has a responsibility to re-rent the place as quickly as possible, however the tenant might owe rent till somebody else rents it.)

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

If you or the landlord wishes to change a term or condition in your rental arrangement, you can ask each other to concur. You or the proprietor can't alter the rights and obligations in the RRAA, but other parts of rental contracts can be changed. If the rental contract is in writing, modifications ought to remain in composing.

Generally for things like pets, enhancements (redecorating or upgrading devices or fixtures) if a single person asks, and the other agrees, then that term of the rental arrangement is altered. But if the landlord desires something, and you do not want it, then you can disagree.

The examples below presume that the system is in great repair, and not being damaged by the renter:

- Two months after you move in the landlord says, "I wish to secure the tub and put in a shower." You state, "No, I like the bathtub." The bath tub becomes part of what you consented to rent, and you do not concur to alter it. Landlord can't refurbish the bathroom.
Or, property manager says, "I am altering my mind. You can't have a pet." You do not have to concur to get rid of your animal.
Or you state, "I don't like the gas range in the apartment or condo. I desire an electric stove." Landlord doesn't have to consent to a brand-new range.

Note: There is a difference in between contracts to change something and repairs needed by law. The RRAA does not allow you or your family pet to cause damage, 9 V.S.A. § 4456( a), (c), and the RRAA needs the property manager 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 property manager may wish to end the tenancy if one of you desires a modification and the other doesn't. If your rental arrangement is not for a particular time period, 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 agreement that states the rental agreement was for a certain 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 exists no written rental arrangement?

It depends on what the composed agreement states. If it states the dates and does not further address what happens when it expires, the composed contract ends, however the tenancy does not. That is due to the fact that when you move in with the arrangement of a landlord, the landlord needs to send out a notification to end the tenancy, even if there is a composed rental contract which expires. Simply put, the expiration of the agreement is not enough notification to end a tenancy.

A composed rental contract that ends on a particular date might consist of a clause that defines the length of the occupancy after that date has passed. It might say, for example, the tenancy continues from month to month. Or it could state if you don't leave, the tenancy continues for another year.

Whatever it states, if the property manager wants you out, they have to offer you a termination notification needed by the occupancy you have.

Find out more on our Rent Increases page.

A Vermont law that took impact on July 1, 2018, legislated possession of approximately an ounce of cannabis and two mature and four immature plants. If you are a renter, or if you have a rental aid from a housing authority, or if you have some other form of federally helped rental aid, be careful. Your lease and program rules may still make it an offense of the guidelines for you to have cannabis or cannabis plants in your rental unit. Your lease might likewise prohibit smoking, including cigarette smoking cannabis.

The new Vermont law does not alter the regards to your lease. The brand-new law does not alter the program rules for renters with federal rental support. If you are uncertain, examine your lease or program guidelines or talk with your proprietor or housing authority. You can likewise contact us for assistance. Your information will be sent to Legal Services Vermont, which screens requests 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

Everything 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

Moving Out

Down payment

Evictions

Notice to Terminate Tenancy

Court Process: General

Court Process: Eviction

Court Process: Suing Landlord

Court Process: Small Claims

Abandoned Rental or Residential Or Commercial Property

Rights of Tenants When a Property Manager remains in Foreclosure

Renter Credit/ Rebate

Subsidized Housing/ Subsidies

Health and Safety

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. suggests Vermont Statutes Annotated. The number before V.S.A. is the title number. The number after § is the area number. You can utilize these links to look up Vermont laws pointed out 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 attorney recommendation. VT Association for Justice lawyer 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 task of Vermont Legal Aid and Legal Services Vermont - Collaborating for Justice.

Funding from the Legal Services Corporation.

© 2025 Legal Services Vermont and Vermont Legal Aid. All Rights Reserved.
foxnews.com