Everything About Rental Agreements
Gabriele Male редактировал эту страницу недель назад: 3


All arrangements 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 agreement does not have to remain in composing. You and the landlord have all the rights and responsibilities in the law despite the fact that there is no written agreement. 9 V.S.A. § 4453.

The RRAA requires that the tasks and rights of property managers and renters in the law are indicated (made a part of) all rental arrangements. Which ones are implied in all rental contracts? See this list of rights and responsibilities of tenants and proprietors. To learn more on these rights and tasks, visit our Rights and Duties Explained page.
airbnb.com
All of the agreements made by you and the property manager or indicated by the RRAA are called the "terms" of the tenancy. 9 V.S.A. § 4454.

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

Any part of a rental arrangement that attempts to get around the RRAA isn't legal. 9 V.S.A. § 4454. See the list of rights and tasks in the RRAA for what should be in a rental contract.

The RRAA never uses the word "lease." Calling a domestic rental agreement a "lease" does not have any unique 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 landlords and housing authorities do utilize the word "lease."

Rental agreements can be for a duration of time that is specified in the rental contract. For example, the contract could be six months or a year. During that time, all of the terms (including the amount of rent) of the occupancy stay the exact same. Or a rental arrangement can be "month-to-month." This means the length of the occupancy or the quantity of lease can be changed as long as you get the notification needed by the RRAA.

As far as rental agreements go, calling it a lease doesn't ensure that the terms can't be changed for a year. If you desire the tenancy to be for a particular amount of time, you need to get the property owner to agree.

All of the rights and responsibilities of the RRAA belong to the agreement even without being made a note of. 9 V.S.A. § 4453. Any extra terms may not be enforceable unless you and the property owner have actually spoken about them and concurred - and after that only as long as the RRAA does not restrict the contract. 9 V.S.A. § 4454.

If you have just a spoken agreement, you might "agree" to something without understanding you have agreed. For example, if you concur to no holes in the walls believing that does not keep you from hanging images, the property manager may charge you for repairing the holes from hanging your pictures.

When you are deciding to lease an apartment or condo, you require to pay attention to what the property manager states.

Because the RRAA sets out many rights and tasks of renters and proprietors, and since written rental contracts can't change what remains in the RRAA, a composed rental agreement tends to have more advantages for landlords than for occupants.

Advantages for a proprietor:

- The proprietor might reduce the time length of advance notification required to end the tenancy. 9 V.S.A. § 4467( c), (e).

  • The property owner might make the time length of advance notification you need to give the property manager when you wish to leave longer. 9 V.S.A. § 4456( d).
  • A composed rental contract might require you to pay your property owner's lawyer's costs if a lawyer is used to enforce any part of the contract or to evict you. (Note: If you harm the system or disrupt your neighbors and your property manager evicts you since of it, the RRAA makes you accountable for the property manager's lawyer's charges. 9 V.S.A. § 4456( e).).
  • A written rental contract can call the people who can live in the system, and keep you from letting someone move in. - Note: It would be discrimination for a property owner to evict you for having a child. 9 V.S.A. § 4503( a).
  • A can keep you from subleasing the location you lease, 9 V.S.A. § 4456b( a)( 1 ), and can force out the individual who subleases your location in an "expedited hearing." Expedited methods faster than normal. 12 V.S.A. § 4853b.

    A composed rental arrangement may help you as an occupant due to the fact that:

    - It might guarantee that the lease will not change until a certain date.
  • It can limit the amount your lease can increase.
  • It can say the length of time you can live there.
  • If it isn't written in the agreement, the proprietor can't state you agreed to it. Verbal contracts outside the composed arrangement may not be enforceable. For instance, a written agreement can say who must spend for heating fuel or electrical power.

    Generally, a property manager can not charge late fees.

    A late cost is legal only if:

    - The rental arrangement states a late charge will be charged for late lease, and

    - The charge is only the reasonable expense to the property manager since 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 extra expense due to the fact that of late lease, like additional cost in keeping the books, driving over to you, making telephone call, or composing you letters.

    A late cost is not legal when:

    - A flat charge of a particular quantity of money if rent is paid after the rent day is normally not the landlord's reasonable expense, therefore is unlawful.
  • Your proprietor can not provide you a lease "discount rate" for paying by a particular date. In one case, the Windham Superior Court held that incentives for early payments are the same as penalties and hence, they are not legally valid. See Shapiro v. Cormier, Docket No. 220-5-12 Wmcv (Windham Super. Ct., Aug. 22, 2012). (If you require an accessible variation of this PDF file, we will provide it on your request. Please use our website feedback kind to do so.)

    A rental contract can consist of these terms:

    - Only individuals named in the written rental agreement (and their small children, even if they arrive later) can live in the rental unit.
  • Subleasing is allowed or not allowed. 9 V.S.A. § 4456b( a)( 1 ).
  • Smoking is not allowed.
  • Pets are not enabled. But, if you need an animal because of your disability, see our Reasonable Accommodations page.
  • A description of what areas (home, other locations) are consisted of.
  • Rules about using common locations.
  • Who is accountable for paying utility expenses.
  • The responsibility to pay a set amount of rent, for a set amount of time, even if the tenant chooses to vacate early. (The landlord has a duty to re-rent the place as soon as possible, however the occupant might owe rent until another person leases it.)

    You can consent to a modification but you do not have to.

    If you or the proprietor 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 commitments in the RRAA, but other parts of rental contracts can be altered. If the rental arrangement remains in writing, modifications need to be in writing.

    Generally for things like animals, enhancements (redecorating or updating home appliances or components) if someone asks, and the other concurs, then that regard to the rental arrangement is changed. But if the property owner wants something, and you don't desire it, then you can disagree.

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

    - Two months after you relocate the property manager states, "I want to secure the bath tub and put in a shower." You state, "No, I like the tub." The bath tub belongs to what you accepted rent, and you don't consent to alter it. Landlord can't refurbish the restroom.
  • Or, proprietor states, "I am changing my mind. You can't have a pet." You don't have to agree to get rid of your animal.
  • Or you say, "I don't like the gas stove in the apartment or condo. I want an electrical stove." Landlord does not need to consent to a new stove.

    Note: There is a distinction in between contracts to change something and repairs needed by law. The RRAA does not permit you or your pet to trigger damage, 9 V.S.A. § 4456( a), (c), and the RRAA needs the property manager 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 manager might wish to end the tenancy if one of you desires a modification and the other doesn't. If your rental contract is not for a particular duration of time, either of you might give advance notice to end the tenancy. 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 states the rental contract was for a particular time period, for instance January 1 - December 31? If that time has ended, you may question if there is still a composed rental arrangement, or exists no written rental arrangement?

    It depends on what the composed contract states. If it states the dates and does not additional address what takes place when it expires, the written agreement ends, however the tenancy does not. That is due to the fact that when you relocate with the arrangement of a landlord, the property manager should send out a notification to end the occupancy, even if there is a written rental agreement which expires. To put it simply, the expiration of the arrangement is not enough notice to end a tenancy.

    A composed rental arrangement that expires on a particular date might include a clause that defines the length of the tenancy after that date has passed. It might state, for example, the tenancy continues from month to month. Or it might say if you don't move out, the tenancy continues for another year.

    Whatever it states, if the proprietor wants you out, they need to provide 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, legalized ownership of up to an ounce of cannabis and 2 mature and 4 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 subsidy, beware. Your lease and program rules might still make it an infraction of the rules for you to have marijuana or marijuana plants in your rental unit. Your lease might also prohibit smoking cigarettes, consisting of cigarette smoking marijuana.

    The new Vermont law does not alter the regards to your lease. The brand-new law does not alter the program guidelines for occupants with federal rental help. If you are uncertain, examine your lease or program rules or talk to your proprietor or housing authority. You can likewise call us for help. Your info will be sent out to Legal Services Vermont, which screens demands for help 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


    Foreclosure Mediation


    Special Loans and Situations


    Mortgage and Foreclosure Form Letters


    More Help


    Renter Rights After a Catastrophe


    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


    Moving Out


    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 Proprietor is 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. means 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 discussed 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 lawyer referral. VT Association for Justice lawyer recommendation. 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 task of Vermont Legal Aid and Legal Services Vermont - Interacting for Justice.

    Funding from the Legal Services Corporation.

    © 2025 Legal Services Vermont and Vermont Legal Aid. All Rights Reserved.