1 All About Rental Agreements

Clayton Petre edited this page 2025-06-17 16:39:44 +08:00

All contracts between a property manager and an occupant 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 property manager have all the rights and responsibilities in the law even though there is no written contract. 9 V.S.A. § 4453.

The RRAA needs that the responsibilities and rights of property owners and tenants in the law are suggested (made a part of) all rental contracts. Which ones are indicated in all rental arrangements? See this list of rights and tasks of tenants and landlords. For additional information on these rights and responsibilities, visit our Rights and Duties Explained page.

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

The RRAA protects you and needs you to do (or not do) some things. It also protects landlords and requires them to do (or not do) some things. The law is the very same if you have a composed or verbal rental agreement. 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 should remain in a rental arrangement.

The RRAA never uses the word "lease." Calling a property 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 a time period that is specified in the rental agreement. For instance, the arrangement might be six months or a year. During that time, all of the terms (including the amount of rent) of the tenancy remain the very same. Or a rental arrangement can be "month-to-month." This indicates the length of the occupancy or the amount of lease can be changed as long as you get the notification needed by the RRAA.

As far as rental arrangements go, calling it a lease does not guarantee that the terms can't be altered for a year. If you want the occupancy to be for a particular period of time, you need to get the property owner to concur.

All of the rights and responsibilities of the RRAA become part of the contract even without being jotted down. 9 V.S.A. § 4453. Any additional terms may not be enforceable unless you and the property owner have actually spoken about them and concurred - and then only as long as the RRAA does not prohibit the agreement. 9 V.S.A. § 4454.

If you have only a spoken arrangement, you might "concur" to something without understanding you have agreed. For instance, if you consent to no holes in the walls thinking that does not keep you from hanging images, the proprietor might charge you for fixing the holes from hanging your photos.

When you are deciding to rent an apartment, you need to pay attention to what the landlord states.

Because the RRAA sets out numerous rights and tasks of renters and landlords, and because composed rental arrangements can't change what is in the RRAA, a written rental agreement tends to have more advantages for property managers than for tenants.

Advantages for a property owner:

- The proprietor could shorten the time length of advance notification needed to end the occupancy. 9 V.S.A. § 4467( c), (e).

• The property manager might make the time length of advance notification you need to provide the proprietor when you want to move out longer. 9 V.S.A. § 4456( d).
• A written rental agreement could need you to pay your proprietor's attorney's costs if an attorney is used to enforce any part of the arrangement or to evict you. (Note: If you damage the system or disturb your neighbors and your proprietor evicts you because of it, the RRAA makes you accountable for the property owner's attorney's charges. 9 V.S.A. § 4456( e).).
• A written rental agreement can call the individuals who can live in the unit, and keep you from letting somebody relocation in. - Note: It would be discrimination for a to evict you for having a child. 9 V.S.A. § 4503( a).
• A proprietor can keep you from subleasing the location you lease, 9 V.S.A. § 4456b( a)( 1 ), and can kick out the person who subleases your place in an "expedited hearing." Expedited means much faster than normal. 12 V.S.A. § 4853b.
  
  A written rental arrangement may help you as a renter due to the fact that:
  
  - It may ensure that the rent won't alter up until a particular date.
• It can restrict the quantity your lease can increase.
• It can state the length of time you can live there.
• If it isn't written in the arrangement, the property manager can't say you consented to it. Verbal arrangements outside the written contract might not be enforceable. For example, a written arrangement can state who need to pay for heating fuel or electrical power.
  
  Generally, a property owner can not charge late fees.
  
  A late cost is legal only if:
  
  - The rental agreement states a late fee will be charged for late rent, and
  
  - The charge is only the sensible expense to the property owner due to the fact that of the late payment. See Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313 (1991 ). Reasonable expenses to the property owner means the property owner's real additional expenditure due to the fact that of late lease, like additional cost in keeping the books, driving over to you, making telephone call, or writing you letters.
  
  A late charge is illegal when:
  
  - A flat charge of a certain amount of money if lease is paid after the rent day is normally not the property manager's sensible expense, and so is unlawful.
• Your property owner 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 exact 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 available variation of this PDF file, we will offer it on your demand. Please use our site feedback type to do so.)
  
  A rental arrangement can consist of these terms:
  
  - Only the individuals called in the written rental contract (and their minor children, even if they get here later on) can live in the rental system.
• Subleasing is allowed or not allowed. 9 V.S.A. § 4456b( a)( 1 ).
• Smoking is not enabled.
• Pets are not enabled. But, if you require an animal since of your special needs, see our Reasonable Accommodations page.
• A description of what areas (home, other areas) are consisted of.
• Rules about utilizing common locations.
• Who is responsible for paying utility expenses.
• The responsibility to pay a set amount of lease, for a set time period, even if the tenant decides to vacate early. (The proprietor has a responsibility to re-rent the location as quickly as possible, however the renter may owe rent till someone else leases it.)
  
  You can accept a modification but you don't have to.
  
  If you or the property manager desires 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, however other parts of rental agreements can be changed. If the rental agreement is in writing, modifications ought to remain in writing.
  
  Generally for things like family pets, enhancements (refurnishing or upgrading home appliances or components) if one person asks, and the other agrees, then that term of the rental agreement is altered. But if the proprietor wants something, and you don't desire it, then you can disagree.
  
  The examples listed below assume that the unit remains in good repair work, and not being harmed by the tenant:
  
  - Two months after you relocate the property owner states, "I want to take out the bath tub and put in a shower." You say, "No, I like the bathtub." The bath tub becomes part of what you accepted lease, and you do not agree to change it. Landlord can't refurbish the bathroom.
• Or, property manager says, "I am altering my mind. You can't have a family pet." You do not have to consent to eliminate your pet.
• Or you state, "I do not like the gas range in the apartment or condo. I want an electric stove." Landlord does not have to concur to a new stove.
  
  Note: There is a difference between arrangements to change something and repair work required by law. The RRAA does not enable you or your animal 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 wish to end the tenancy if one of you wants a change and the other doesn't. If your rental agreement is not for a particular time period, either of you could provide advance notice to end the tenancy. 9 V.S.A. § 4456( d), 9 V.S.A § 4467( c)( e).
  
  Staying longer than a composed contract
  
  Do you have a composed rental arrangement that states the rental contract was for a particular duration of time, for example January 1 - December 31? If that time has expired, you may wonder if there is still a composed rental contract, or is there no composed rental arrangement?
  
  It depends upon what the composed agreement states. If it specifies the dates and does not further address what takes place when it ends, the composed contract ends, but the occupancy does not. That is due to the fact that when you move in with the agreement of a landlord, the landlord needs to send out a notification to end the tenancy, even if there is a composed rental contract which ends. Simply put, the expiration of the arrangement is not adequate notice to end a tenancy.
  
  A written rental agreement that expires on a specific date could consist of a stipulation that defines the length of the occupancy after that date has passed. It might say, for instance, the occupancy continues from month to month. Or it could state if you do not move out, the tenancy continues for another year.
  
  Whatever it states, if the property owner desires you out, they need to provide you a termination notification needed by the occupancy you have.
  
  Learn more on our Rent Increases page.
  
  A Vermont law that worked on July 1, 2018, legalized possession of approximately an ounce of cannabis and 2 mature 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 form of federally assisted rental subsidy, beware. Your lease and program rules may still make it an offense of the rules for you to have marijuana or marijuana plants in your rental unit. Your lease might likewise ban smoking, including cigarette smoking marijuana.
  
  The new Vermont law does not change the terms of your lease. The new law does not change the program guidelines for occupants with federal rental assistance. If you are uncertain, check your lease or program guidelines or talk to your proprietor or housing authority. You can also call us for assistance. Your information will be sent out to Legal Services Vermont, which screens demands 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
  
  
  Vacating
  
  
  Down payment
  
  
  Evictions
  
  
  Notice to Terminate Tenancy
  
  
  Court Process: General
  
  
  Court Process: Eviction
  
  
  Court Process: Suing Landlord
  
  
  Court Process: Small Claims
  
  
  Abandoned Rental Unit or Residential Or Commercial Property
  
  
  Rights of Tenants When a Property Manager remains in Foreclosure
  
  
  Renter Credit/ Rebate
  
  
  Subsidized Housing/ Subsidies
  
  
  Health and wellness
  
  
  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 section number. You can use these links to search for 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 concerns through Vermont's Free Legal Answers program. Vermont Bar Association legal representative referral. VT Association for Justice legal representative 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 project of Vermont Legal Aid and Legal Services Vermont - Working Together for Justice.
  spacebattles.com
  Funding from the Legal Services Corporation.
  
  © 2025 Legal Services Vermont and Vermont Legal Aid. All Rights Reserved.