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All About Rental Agreements

All arrangements in between a proprietor and a renter are «rental arrangements» according to Vermont’s Residential Rental Agreements Act (RRAA). 9 V.S.A. § 4451( 8 ). The rental agreement does not need to remain in composing. You and the property owner have all the rights and responsibilities in the law although there is no written arrangement. 9 V.S.A. § 4453.

The RRAA needs that the duties and rights of proprietors and renters 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 tasks of tenants and landlords. For more details on these rights and tasks, visit our Rights and Duties Explained page.

All of the arrangements made by you and the landlord or indicated by the RRAA are called the «terms» of the tenancy. 9 V.S.A. § 4454.

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

Any part of a rental agreement 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 must remain in a rental agreement.

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 managers and housing authorities do utilize the word «lease.»

Rental contracts can be for a duration of time that is specified in the rental arrangement. For instance, the contract might be six months or a year. During that time, all of the terms (consisting of the amount of lease) of the tenancy stay the very same. Or a rental agreement can be «month-to-month.» This implies the length of the tenancy or the amount of lease can be changed as long as you get the notice 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 particular amount of time, you need to get the property owner to concur.

All of the rights and responsibilities of the RRAA belong to the contract even without being composed down. 9 V.S.A. § 4453. Any additional terms may not be enforceable unless you and the property owner have spoken about them and agreed — and after that only as long as the RRAA does not prohibit the . 9 V.S.A. § 4454.

If you have just a verbal agreement, you may «concur» to something without realizing you have agreed. For instance, if you consent to no holes in the walls believing that does not keep you from hanging pictures, the property manager might charge you for fixing the holes from hanging your photos.

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

Because the RRAA sets out numerous rights and tasks of renters and property managers, and since written rental agreements can’t change what is in the RRAA, a written rental arrangement tends to have more benefits for property managers than for renters.

Advantages for a landlord:

— The landlord could reduce the time length of advance notification required to end the tenancy. 9 V.S.A. § 4467( c), (e).
— The landlord could make the time length of advance notice you need to offer the landlord when you wish to vacate longer. 9 V.S.A. § 4456( d).
— A composed rental arrangement might need you to pay your landlord’s attorney’s charges if an attorney is utilized to impose any part of the contract or to evict you. (Note: If you harm the unit or interrupt your neighbors and your proprietor evicts you because of it, the RRAA makes you responsible for the property owner’s attorney’s costs. 9 V.S.A. § 4456( e).).
— A written rental agreement can name individuals who can reside in the unit, and keep you from letting somebody relocation in. — Note: It would be discrimination for a proprietor to evict you for having a child. 9 V.S.A. § 4503( a).
— A property owner can keep you from subleasing the place you lease, 9 V.S.A. § 4456b( a)( 1 ), and can force out the person who subleases your location in an «expedited hearing.» Expedited ways much faster than usual. 12 V.S.A. § 4853b.

A composed rental arrangement may assist you as a tenant since:

— It might ensure that the lease will not alter up until a certain date.
— It can restrict the quantity your rent can go up.
— It can state the length of time you can live there.
— If it isn’t written in the contract, the landlord can’t state you concurred to it. Verbal contracts outside the written arrangement may not be enforceable. For example, a written arrangement can state who should spend for heating fuel or electrical power.

Generally, a landlord can not charge late costs.

A late charge is legal just if:

— The rental agreement says a late fee will be charged for late rent, and

— The charge is just the affordable cost to the proprietor since of the late payment. See Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313 (1991 ). Reasonable costs to the proprietor means the proprietor’s actual additional expenditure since of late rent, like extra cost in keeping the books, driving over to you, making call, or writing you letters.

A late charge is illegal when:

— A flat charge of a specific amount of money if lease is paid after the lease day is usually not the proprietor’s reasonable cost, therefore is illegal.
— Your landlord 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 very same as charges and thus, they are not lawfully valid. See Shapiro v. Cormier, Docket No. 220-5-12 Wmcv (Windham Super. Ct., Aug. 22, 2012). (If you need an available variation of this PDF document, we will offer it on your demand. Please use our website feedback type to do so.)

A rental contract can consist of these terms:

— Only the people called in the composed rental agreement (and their minor children, even if they get here later on) can reside in the rental unit.
— Subleasing is allowed or not allowed. 9 V.S.A. § 4456b( a)( 1 ).
— Smoking is not permitted.
— Pets are not permitted. But, if you need an animal since of your special needs, see our Reasonable Accommodations page.
— A description of what spaces (living area, other locations) are included.
— Rules about utilizing typical areas.
— Who is accountable for paying utility expenses.
— The duty to pay a set quantity of rent, for a set duration of time, even if the renter decides to move out early. (The property owner has a task to re-rent the location as quickly as possible, but the occupant might owe rent till another person leases it.)

You can concur to a change but you do not have to.

If you or the property manager wishes to alter a term or condition in your rental arrangement, you can ask each other to agree. You or the landlord can’t change the rights and responsibilities in the RRAA, however other parts of rental agreements can be changed. If the rental agreement is in composing, modifications should remain in composing.

Generally for things like animals, enhancements (refurnishing or updating devices or components) if someone asks, and the other agrees, then that regard to the rental contract is changed. But if the property owner wants something, and you do not want it, then you can disagree.

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

— Two months after you relocate the property manager says, «I wish to take out the bath tub and put in a shower.» You say, «No, I like the bathtub.» The bathtub becomes part of what you accepted lease, and you do not agree to change it. Landlord can’t remodel the restroom.
— Or, property owner says, «I am altering my mind. You can’t have a family pet.» You don’t have to concur to get rid of your family pet.
— Or you state, «I do not like the gas stove in the house. I desire an electrical stove.» Landlord doesn’t have to consent to a brand-new stove.

Note: There is a distinction in between agreements to change something and repair work required 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 requires the proprietor to keep the unit safe and tidy, 9 V.S.A. § 4458. See our page about Repair Problems and Tenant’s Right to Repair.

You or the landlord might desire to end the tenancy if one of you desires a change and the other doesn’t. If your rental agreement is not for a certain time period, either of you might provide advance notification to end the occupancy. 9 V.S.A. § 4456( d), 9 V.S.A § 4467( c)( e).

Staying longer than a composed arrangement

Do you have a written rental contract that says the rental arrangement was for a specific amount of time, for example January 1 — December 31? If that time has expired, you may question if there is still a written rental arrangement, or exists no composed rental arrangement?

It depends upon what the composed agreement says. If it specifies the dates and does not more address what happens when it ends, the written agreement ends, however the occupancy does not. That is because when you relocate with the contract of a property manager, the property manager should send a notification to end the occupancy, even if there is a composed rental agreement which expires. Simply put, the expiration of the arrangement is not adequate notice to end an occupancy.

A composed rental contract that expires on a particular date might consist of a stipulation that specifies the length of the occupancy after that date has passed. It might state, for instance, the occupancy continues from month to month. Or it could say if you do not leave, the tenancy continues for another year.

Whatever it says, if the property owner desires you out, they have to give you a termination notification required by the occupancy you have.

Discover more on our Rent Increases page.

A Vermont law that worked on July 1, 2018, legislated ownership of approximately an ounce of marijuana and 2 fully grown and 4 immature plants. If you are an occupant, or if you have a rental aid from a housing authority, or if you have some other kind of federally assisted rental subsidy, take care. Your lease and program guidelines might still make it an offense of the guidelines for you to have marijuana or cannabis plants in your rental. Your lease might also ban cigarette smoking, including smoking cannabis.

The new Vermont law does not change the regards to your lease. The new law does not change the program rules for renters with federal rental support. If you are unsure, check your lease or program rules or speak with your proprietor or housing authority. You can likewise call us for aid. Your information will be sent out to Legal Services Vermont, which screens requests for assistance for both Vermont Legal Aid and Legal Services Vermont.

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Housing.
Discrimination/ Fair Housing.
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Disability Discrimination.
Who is Protected?

Reasonable Accommodations and Modifications

Assistance Animals

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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

Moving Out

Down payment

Evictions

Notice to Terminate Tenancy

Court Process: General

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Court Process: Suing Landlord

Court Process: Small Claims

Abandoned Rental or Residential Or Commercial Property

Rights of Tenants When a Proprietor is in Foreclosure

Renter Credit/ Rebate

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

9 V.S.A.

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