All About Rental Agreements
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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).

  • The landlord could make the time length of advance notification you need to provide the property manager when you wish to leave longer. 9 V.S.A. § 4456( d).
  • A written rental arrangement could require you to pay your proprietor's attorney's fees if a legal representative is utilized to enforce any part of the arrangement or to evict you. (Note: If you harm the system or disturb your next-door neighbors and your proprietor evicts you since of it, the RRAA makes you accountable for the proprietor's lawyer's costs. 9 V.S.A. § 4456( e).).
  • A composed rental arrangement can call individuals who can reside in the unit, and keep you from letting somebody relocation in. - Note: It would be discrimination for a landlord 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 person who subleases your location in an "expedited hearing." Expedited methods much faster than usual. 12 V.S.A. § 4853b.

    A composed rental agreement might assist you as a renter since:

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

    Generally, a landlord can not charge late fees.

    A late cost is legal only if:

    - The rental contract says a late charge will be charged for late rent, and

    - The charge is just the sensible expense to the landlord because of the late payment. See Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313 (1991 ). Reasonable costs to the property manager suggests the property owner's real additional expenditure since of late lease, like additional expense in keeping the books, driving over to you, making phone calls, or composing you letters.

    A late cost is not legal when:

    - A flat charge of a particular quantity of money if lease is paid after the lease day is typically not the property manager's reasonable cost, therefore is unlawful.
  • Your property manager can not provide you a rent "discount rate" for paying by a particular date. In one case, the Windham Superior Court held that rewards for early payments are the same as penalties and therefore, 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 version of this PDF document, we will offer it on your request. Please utilize our site feedback type to do so.)

    A rental agreement can consist of these terms:

    - Only individuals named in the written rental arrangement (and their small children, even if they get here later) can live in the rental.
  • Subleasing is permitted or not enabled. 9 V.S.A. § 4456b( a)( 1 ).
  • Smoking is not allowed.
  • Pets are not allowed. But, if you require an animal since of your special needs, see our Reasonable Accommodations page.
  • A description of what areas (living area, other locations) are included.
  • Rules about utilizing common areas.
  • Who is responsible for paying utility costs.
  • The obligation to pay a set amount of rent, for a set duration of time, even if the tenant decides to vacate early. (The proprietor has a task to re-rent the place as soon as possible, however the occupant might owe lease till someone else rents it.)

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

    If you or the property owner wishes to change a term or condition in your rental agreement, you can ask each other to concur. You or the property owner can't change the rights and commitments in the RRAA, however other parts of rental agreements can be changed. If the rental agreement remains in writing, modifications ought to be in composing.

    Generally for things like animals, enhancements (refurnishing or updating appliances or fixtures) if a single person asks, and the other agrees, then that regard to the rental contract is altered. But if the property manager desires something, and you don't desire it, then you can disagree.

    The examples below presume that the unit remains in great repair, and not being damaged by the occupant:

    - Two months after you relocate the proprietor states, "I wish to get the bath tub and put in a shower." You state, "No, I like the bathtub." The bath tub is part of what you agreed to lease, and you don't consent to change it. Landlord can't renovate the restroom.
  • Or, proprietor says, "I am altering my mind. You can't have a family pet." You don't need to agree to get rid of your animal.
  • Or you say, "I don't like the gas range in the apartment or condo. I want an electrical range." Landlord does not need to concur to a new range.

    Note: There is a distinction in between agreements to change something and repairs needed by law. The RRAA does not enable you or your family pet to trigger damage, 9 V.S.A. § 4456( a), (c), and the RRAA needs the landlord 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 might wish to end the occupancy if one of you wants a change 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 occupancy. 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 specific duration of time, for example January 1 - December 31? If that time has ended, you may question if there is still a written rental arrangement, or exists no written rental agreement?

    It depends upon what the written agreement states. If it specifies the dates and does not more address what happens when it ends, the composed arrangement ends, but the occupancy does not. That is due to the fact that when you move in with the agreement of a property manager, the landlord needs to send out a notice to end the tenancy, 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 composed rental arrangement 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 could say if you don't vacate, the occupancy continues for another year.

    Whatever it says, if the proprietor wants 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 approximately an ounce of marijuana and 2 fully grown and four immature plants. If you are a tenant, or if you have a rental subsidy from a housing authority, or if you have some other kind of federally helped rental aid, be cautious. Your lease and program guidelines may still make it a violation of the rules for you to have marijuana or marijuana plants in your rental system. Your lease may also prohibit smoking, including cigarette smoking cannabis.

    The brand-new Vermont law does not change the terms of your lease. The brand-new law does not change the program guidelines for occupants with federal rental support. If you are not sure, inspect your lease or program guidelines or talk with your property owner or housing authority. You can also call us for aid. Your details will be sent out to Legal Services Vermont, which evaluates 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 Disaster


    COVID-19 Crisis, Mortgages and Foreclosures


    Foreclosure Process


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    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


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    Evictions


    Notice to Terminate Tenancy


    Court Process: General


    Court Process: Eviction


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    Rights of Tenants When a Property Manager is in Foreclosure


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