Everything About Rental Agreements
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All arrangements between a landlord and a renter are "rental contracts" according to Vermont's Residential Rental Agreements Act (RRAA). 9 V.S.A. § 4451( 8 ). The rental agreement does not have to remain in writing. You and the property manager have all the rights and commitments in the law even though there is no written contract. 9 V.S.A. § 4453.
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The RRAA requires that the tasks and rights of landlords and renters in the law are implied (made a part of) all rental arrangements. Which ones are implied in all rental contracts? See this list of rights and duties of tenants and landlords. To find out more on these rights and duties, visit our Rights and Duties Explained page.

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

The RRAA secures you and needs you to do (or not do) some things. It also secures proprietors and needs them to do (or not do) some things. The law is the exact same if you have a composed or verbal rental agreement. 9 V.S.A. § 4453.

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

The RRAA never uses the word "lease." Calling a residential rental arrangement a "lease" does not have any unique legal significance 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 a duration of time that is specified in the rental arrangement. For example, the arrangement could be six months or a year. During that time, all of the terms (consisting of the amount of lease) of the occupancy remain the very same. Or a rental contract 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 contracts go, calling it a lease does not guarantee that the terms can't be changed for a year. If you want the occupancy to be for a specific amount of time, you have to get the property manager to agree.

All of the rights and commitments of the RRAA are part of the agreement even without being jotted down. 9 V.S.A. § 4453. Any extra terms may not be enforceable unless you and the property manager have actually spoken about 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 spoken agreement, you may "agree" to something without realizing you have agreed. For example, if you concur to no holes in the walls believing 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 deciding to rent a house, you need to pay close attention to what the proprietor states.

Because the RRAA sets out lots of rights and duties of tenants and property owners, and because composed rental arrangements can't alter what remains in the RRAA, a composed rental arrangement tends to have more advantages for property owners than for renters.

Advantages for a property manager:

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

  • The landlord might make the time length of advance notice you require to provide the property owner when you wish to leave longer. 9 V.S.A. § 4456( d).
  • A written rental agreement might need you to pay your property owner's attorney's fees if a legal representative is used to enforce any part of the arrangement or to evict you. (Note: If you harm the system or disrupt your next-door 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 written rental agreement can call individuals who can live in the unit, and keep you from letting somebody move in. - Note: It would be discrimination for a property manager to evict you for having a baby. 9 V.S.A. § 4503( a).
  • A property manager can keep you from subleasing the place you rent, 9 V.S.A. § 4456b( a)( 1 ), and can kick out the individual who subleases your place in an "expedited hearing." Expedited methods faster than typical. 12 V.S.A. § 4853b.

    A composed rental agreement might help you as a tenant due to the fact that:

    - It might ensure that the lease will not change up until a certain date.
  • It can restrict the quantity your lease can increase.
  • It can say the length of time you can live there.
  • If it isn't composed in the agreement, the property manager can't say you agreed to it. Verbal agreements outside the composed contract may not be enforceable. For instance, a written contract can state who should spend for heating fuel or electrical energy.

    Generally, a property manager can not charge late fees.

    A late fee is legal only if:

    - The rental contract states a late fee will be charged for late lease, 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 costs to the property manager implies the property manager's real additional cost because of late rent, like additional expense in keeping the books, driving over to you, making telephone call, or composing you letters.

    A late charge is not legal when:

    - A flat charge of a particular quantity of cash if rent is paid after the rent day is usually not the property owner's reasonable cost, and so is prohibited.
  • Your property owner can not use you a lease "discount rate" for paying by a particular date. In one case, the Windham Superior Court held that rewards for early payments are the very same as penalties and therefore, they are not lawfully legitimate. See Shapiro v. Cormier, Docket No. 220-5-12 Wmcv (Windham Super. Ct., Aug. 22, 2012). (If you require an available version of this PDF document, we will offer it on your demand. Please use our website feedback kind to do so.)

    A rental agreement can consist of these terms:

    - Only the individuals called in the written rental arrangement (and their small children, even if they show up later) can live in the rental.
  • Subleasing is allowed or not enabled. 9 V.S.A. § 4456b( a)( 1 ).
  • Smoking is not allowed.
  • Pets are not permitted. But, if you require an animal because of your impairment, see our Reasonable Accommodations page.
  • A description of what areas (home, other locations) are consisted of.
  • Rules about utilizing common areas.
  • Who is accountable for paying utility expenses.
  • The obligation to pay a set quantity of rent, for a set period of time, even if the occupant chooses to vacate early. (The proprietor has a duty to re-rent the place as quickly as possible, however the occupant might owe lease till another person leases it.)

    You can consent to a change but you don't have to.

    If you or the landlord wishes to alter a term or condition in your rental agreement, you can ask each other to agree. You or the property owner can't alter the rights and commitments in the RRAA, however other parts of rental arrangements can be changed. If the rental contract is in writing, modifications should be in writing.

    Generally for things like family pets, improvements (refurnishing or updating home appliances or fixtures) if someone asks, and the other agrees, then that regard to the rental contract is changed. But if the property manager desires something, and you do not want it, then you can disagree.

    The examples below assume that the system is in excellent repair work, and not being harmed by the tenant:

    - Two months after you relocate the property manager says, "I wish to get the bathtub and put in a shower." You say, "No, I like the bath tub." The bath tub belongs to what you accepted rent, and you do not agree to change it. Landlord can't renovate the bathroom.
  • Or, landlord states, "I am altering my mind. You can't have a family pet." You don't have to consent to get rid of your animal.
  • Or you say, "I don't like the gas range in the house. I want an electrical range." Landlord doesn't have to accept a new range.

    Note: There is a distinction between arrangements to alter something and repairs required by law. The RRAA does not permit you or your pet to trigger damage, 9 V.S.A. § 4456( a), (c), and the RRAA requires the proprietor to keep the system safe and tidy, 9 V.S.A. § 4458. See our page about Repair Problems and Tenant's Right to Repair.

    You or the property owner may want to end the occupancy if among you wants a change and the other does not. If your rental contract is not for a specific period of time, either of you might give advance notice to end the occupancy. 9 V.S.A. § 4456( d), 9 V.S.A § 4467( c)( e).

    Staying longer than a composed agreement

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

    It depends on what the composed contract says. If it mentions the dates and does not additional address what happens when it ends, the composed agreement ends, but the occupancy does not. That is since when you relocate with the arrangement of a landlord, the landlord needs to send a notification to end the occupancy, even if there is a written rental contract which ends. To put it simply, the expiration of the contract is not adequate notification to end an occupancy.

    A written rental contract that expires on a certain date could include a clause that defines the length of the tenancy after that date has actually passed. It could say, for example, the tenancy continues from month to month. Or it might say if you do not move out, the tenancy continues for another year.

    Whatever it says, if the property owner desires you out, they need to provide you a termination notice required by the tenancy you have.

    Learn more on our Rent Increases page.

    A Vermont law that worked on July 1, 2018, legalized ownership of as much as an ounce of cannabis and two fully grown and four immature plants. If you are a tenant, or if you have a rental aid from a housing authority, or if you have some other type of federally helped rental subsidy, beware. Your lease and program rules might still make it an offense of the guidelines for you to have marijuana or marijuana plants in your rental unit. Your lease might likewise prohibit smoking, consisting of smoking cannabis.

    The 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 support. If you are unsure, check your lease or program guidelines or speak with your landlord or housing authority. You can also call us for aid. Your information will be sent to Legal Services Vermont, which screens requests for aid for both Vermont Legal Aid and Legal Services Vermont.

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


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


    Reasonable Accommodations and Modifications


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    Mortgages and Residential Or Commercial Property Taxes After a Disaster


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    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


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    Guests, Roommates & Trespassers


    Can the Landlord Enter My Unit?


    Lockouts, Utility Shutoffs & Your Belongings


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    Notice to Tenancy


    Court Process: General


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    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 use these links to search for Vermont laws pointed out on this page:

    9 V.S.A.

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