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All contracts in 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 contract does not need to remain in composing. You and the landlord have all the rights and commitments in the law although there is no written agreement. 9 V.S.A. § 4453.
The RRAA needs that the duties and rights of property managers and renters in the law are suggested (made a part of) all rental contracts. Which ones are suggested in all rental agreements? See this list of rights and responsibilities of tenants and landlords. For more details on these rights and duties, 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 protects property managers and needs them to do (or not do) some things. The law is the very same if you have actually a written or verbal rental arrangement. 9 V.S.A. § 4453.
Any part of a rental agreement that tries to get around 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 arrangement.
The RRAA never ever uses the word "lease." Calling a residential rental contract 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 owners and housing authorities do use the word "lease."
Rental agreements can be for an amount of time that is specified in the rental agreement. For example, the contract might be 6 months or a year. During that time, all of the terms (consisting of the quantity of lease) of the tenancy remain the same. Or a rental agreement can be "month-to-month." This indicates the length of the occupancy or the amount of rent can be altered as long as you get the notice required by the RRAA.
As far as rental contracts go, calling it a lease does not ensure that the terms can't be altered for a year. If you want the tenancy to be for a particular amount of time, you have to get the proprietor to concur.
All of the rights and obligations of the RRAA belong to the arrangement even without being jotted down. 9 V.S.A. § 4453. Any additional terms may not be enforceable unless you and the property manager have spoken about them and concurred - and after that only as long as the RRAA does not prohibit the contract. 9 V.S.A. § 4454.
If you have just a spoken arrangement, you may "concur" to something without understanding you have agreed. For example, if you agree to no holes in the walls thinking that does not keep you from hanging photos, the proprietor may charge you for fixing the holes from hanging your pictures.
When you are choosing to rent an apartment, you need to pay very close attention to what the property manager states.
Because the RRAA sets out numerous rights and tasks of renters and property managers, and because composed rental agreements can't change what remains in the RRAA, a written rental agreement tends to have more benefits for proprietors than for occupants.
Advantages for a property manager:
- The proprietor could reduce the time length of advance notification required to end the occupancy. 9 V.S.A. § 4467( c), (e).
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