Vermont Tenant Information

Vermont Tenant Information

 

Rights and responsibilities of tenants and landlords from beginning to end of tenancy

In addition to the rights and responsibilities that are assigned to each party in the rental agreement, there are a number of rights and responsibilities imposed on both landlord and tenant by law as to how each must act during the rental period.

Tenant responsibilities

Tenants must (Title 9, Chapter 137, 9 V.S.A. § 4456):

• Pay rent on time
• Keep their dwelling unit safe and clean so as not to create or contribute to health or safety code violations within the premises
• Not disturb the peace and quiet enjoyment of other tenants within the same property
• Take care not to damage the property, or allow guests to damage the property
• Give proper notice to the landlord before ending the rental agreement

Tenants Defending an Eviction Forms

Download How to answer an eviction forms in each state.

Tenant Defence Forms

 

Landlord responsibilities

Landlords must (Title 9, Chapter 137, 9 V.S.A. § 4457):

• Ensure the premises are maintained in a safe, clean condition and continue to meet health and safety code standards throughout the tenancy
• Allow tenants the full peaceful enjoyment of the rented property and only access the premises with permission or for an approved purpose
• Not use a lease which takes away any tenant rights protected by law
• Give proper notice to tenants of termination of a rental agreement and adhere to proper eviction procedure

 

Mobile home lots

If you are renting a mobile home lot, your landlord is responsible for:

• Installation and maintenance of the electrical service to the main electrical panel in the mobile home
• Maintenance of water lines to a point at which the lines surface under the mobile home
• Maintenance of the sewage disposal system to the point where it surfaces from the ground to service the mobile home

 

Basic rights of landlords and tenants during tenancy

 

	Landlord’s rights	Tenant’s rights
Rent	Receive agreed upon rent payment on time every rental period	Receive 14 days written notice of any late rent payment in which to pay rent due
Security deposit	Collect a security deposit from tenant before move in Deduct from the security deposit for property damage and outstanding expenses	Receive security deposit back from landlord within 14 days of moving out Receive an itemized statement of any deductions with deposit return
Maintenance repairs	Conduct repairs to maintain property up to code standards Be alerted to necessary repairs or code violations by tenant Have premises within rental unit maintained to safe and clean condition by tenant to avoid creation of code violations or health hazards	Have necessary repairs conducted by landlord within a reasonable amount of time If landlord fails to make minor repairs within 30 days, have repairs done and deduct expense from rent (up to 1/2 months rent)
Access to premises	Enter rented premises with tenants consent (which cannot be unreasonably withheld) or proper notice to conduct repairs or property viewings	Receive 48 hours notice before landlord enters premises without permission, and only for an approved purpose (e.g. conduct repair work)
Rent increase	Increase rent at the beginning of a new lease term	Receive at least 60 days written warning of a rent increase for the beginning of a new lease term
EMPs	—	If your rental premises were built before 1978, have EMPs conducted on the property annually to minimize risks of lead poisoning (Read more: Lead paint)

Security deposits

• Your landlord may collect a security deposit before you move in.
• A security deposit is money you pay the landlord in advance that may be used to pay for any damage or outstanding expenses at the end of your tenancy.
• If when you move out there is any damage or remaining owed expenses (such as late rent), your landlord may deduct these expenses from the security deposit. However, your landlord must return any or all remaining security deposit money to you within 14 days of the time he or she knows you have vacated the property.
• Any deductions should be listed in an itemized statement and provided to you with the security deposit return.
• Your landlord can only deduct for property damage that was:
  • Not part of normal wear and tear
  • Caused by you or your guests
  • Within your control as a tenant
• Your landlord can deduct for remaining expenses such as:
  • Outstanding rent
  • Outstanding utility payments or other agreed upon expenses owed to the landlord
  • Expenses required to move or store any property you abandon that your landlord is required by law to keep for up to 60 days
• If your landlord fails to return any portion of the security deposit that is not properly deducted within the 14 day period, then your landlord must return the entire deposit to you. If a court finds your landlord intentionally failed to return the deposit within 14 days, your landlord may be liable for double the amount owed to you.
• In general, landlords cannot deduct from the security deposit for any of the following reasons:
  • Routine maintenance
  • Painting
  • Re-advertising the apartment
  • Renovation of a dwelling unit

Note: Some municipalities have additional city ordinances regulating security deposits

 

Maintenance/repairs

As a tenant, you are required to maintain the cleanliness of your rental unit so as not to create code violations or cause damage to the property. Your landlord is required to complete necessary repairs within a reasonable amount of time.

If your landlord fails to complete minor repairs within 30 days from the time you notified him or her of the issue, you can repair it yourself and deduct the amount of the repair from you rent if:

• Repair costs are less than ½ of your monthly rent
• The issue was not caused by your action, inaction, or negligence

Your landlord is obligated to perform repairs throughout your tenancy to keep the rental unit up to the standards required by the Vermont Departments of Health and Safety.

If code violations that pose a health and safety issue are reported to your landlord and he or she fails to make the appropriate repairs within a reasonable time, you may have other forms of recourse. For information on what’s appropriate, contact Vermont Legal Aid or Vermont Tenants. There are specific procedures to follow and those contacts as well as state statute explain those.

If your landlord fails to complete minor repairs within 30 days from the time you notified him or her of the issue, there may be steps you can take, but it’s important to follow the procedures. For more information, contact Vermont Legal Aid, Vermont Tenants or read the state statute.

There are certain procedures that must be followed when entering units to make repairs.

Read more: Title 9, Chapter 137, 9 V.S.A. § 4458

 

Landlord access to rental premises

Tenants have the right to private enjoyment of their rental premises. However, there are times your landlord may need to enter the property to conduct repair work or show the unit.

During tenancy, your landlord generally needs your permission before entering your rental unit. Tenants are required by law not to unreasonably withhold permission.

In order to enter the rental property without your permission, your landlord must:

• Give at least 48 hours notice
• Enter between 9:00 am and 9:00 pm
• Be entering for one of the following purposes:
  • To inspect the premises when necessary
  • To conduct necessary or agreed upon repairs, alterations or improvements
  • To supply agreed upon services
  • To show the apartment to prospective tenants, buyers, or workers

Your landlord may only enter rented property without consent or notice if he or she has a “reasonable belief” that there is imminent danger to persons or property.

 

Rent increase

It is legal for your landlord to increase your rent, but only at designated times and with proper notice. Before increasing the rent, your landlord must:

• Give at least 60 days written notice before the first day of increased rent
• Only raise rent at the beginning of a new lease term. Your landlord cannot raise the rent during a lease term unless the lease specifically allows for it

Note: Burlington city ordinances require landlords to give 90 days written notice before a rent increase can take effect

 

Ending a tenancy

Notice requirements

In order to properly end a tenancy, the party who wishes to terminate the rental agreement must give the other party proper notice. The amount of notice varies depending on who is ending the lease (tenant or landlord), the reason for ending, and the type of rental agreement between the parties.

 

Termination of tenancy by landlord

Reason for termination	Non-payment of rent	Breach of rental contract	Sale of rental property	No cause
Amount of notice landlord must give tenant:	14 days written notice, in which tenant fails to pay past due rent	30 days written notice, specifically stating cause of breach	30 days written notice	60 days written notice for month to month tenancies; 21 dayswritten notice for week to week tenancies
Exceptions:	—	If the breach is based on illegal or violent activity, notice can be shortened to 14 days	If the tenant has a written lease for a set term, the lease transfers to the new owner for the duration of the tenant’s term	Tenants who have resided in property for more than 2 years must have 90 days written notice; written leases for a set term cannot be terminated unless there is a specific provision for it in the lease

 

Read more: Termination of tenancy by landlord

If a tenant remains in the rental property after the proper notice period has ended, a landlord can begin the official eviction process. For steps and details on the eviction procedure and additional details on reasons for termination, see the “Eviction” section under “Problems with Landlords.”

 

Termination of tenancy by tenant

Type of rental agreement:	Written agreement for set period of time (term lease)	Written or oral agreement with no specified length of time (e.g. month to month)
Amount of notice tenant must give to landlord:	One full rental payment period Unless the lease states that the tenancy terminates at the end of the term; or The lease specifies a different notice period	One full rental payment period If month-to-month: 30 days If week-to-week: 7 days
If no adequate notice is given:	The tenancy becomes month to month after the lease expires	The tenancy continues until proper notice is given

 

Read more: Termination of tenancy by tenant

Note: Burlington city ordinances require more notice be given to a landlord before a lease can be terminated

 

Breaking a lease

If you move out before the end of the term agreed upon by you and your landlord in your rental agreement, you can be held responsible for the amount of rent remaining in your rental term.

However, if you do break your lease, your landlord must make reasonable efforts to re-rent the property as quickly as possible. Once the property is re-rented, your responsibility for rent ends.

 

Vermont Security Deposit Limit and Return

Vermont state law does not limit how much a landlord can charge for a security deposit. However, it does limit when it must be returned (within 14 days after a tenant moves) and sets other restrictions on deposits.

 

Small Claims Lawsuits in Vermont

Tenants can sue landlords in small claims court for the return of their deposit, up to a dollar amount of $5,000.

 

Vermont Notice Required to Raise Rent and Other Rent Rules

State law regulates several rent-related issues in Vermont, including the amount of notice (at least 30 days in Vermont) landlords must give tenants to raise the rent, and how much time (14 days in Vermont) a tenant has to pay rent or move before a landlord can file for eviction.

 

Tenant Rights to Withhold Rent in Vermont

Tenants may withhold rent or exercise the right to “repair and deduct” if a landlord fails to take care of important repairs, such as a broken heater.

 

Vermont Termination and Eviction Rules

State laws specify when and how a landlord may terminate a tenancy. For example, a landlord may give a Vermont tenant who has received three notices for nonpayment or late rent within a 12-month period an unconditional quit notice that gives the tenant 30 days to move out before the landlord can file for eviction.

 

Landlord Access to Rental Property, Tenant Protection Against Retaliation, and Other State Laws in Vermont

Several other landlord-tenant laws in Vermont affect both property owners and renters, including:

• restrictions on landlord’s right to access rental property (Vermont landlords must provide 48 hours’ notice of entry)
• tenant protections against landlord retaliation for tenant exercising a legal right, such as complaining about an unsafe living condition
• special protections for tenants who are victims of domestic violence
• procedures for how landlords must handle abandoned property left behind by tenants, and
• fair housing rights (discrimination is also prohibited by federal and, often, local laws).

 

Where to Find Vermont Landlord-Tenant Statutes

If you want to read the text of a law itself, such as state security deposit rules, you’ll find citations in many of the articles and charts included on the Nolo site. If you just want to browse through the Vermont landlord-tenant law, you can find state statutes at Vt. Stat. Ann. tit. 9, § § 4451 to 4469a. You can search the table of contents for the landlord-tenant statutes. Or, if you don’t know the exact statute number, you can enter a keyword that is likely to be in it, such as “nonpayment of rent.” To access your state law, check out the state section of the Library of Congress’s legal research site.

 

Local Ordinances Affecting Vermont Landlords and Tenants

Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and antidiscrimination rules that affect landlords and tenants. Many municipalities have websites —just search for the name of a particular city or town in Vermont and then do a search when you’re on the site.

State and Local Government on the Net and Municode are good sources for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Vermont.

 

Federal Landlord-Tenant Laws and Regulations

While most landlords and tenants will primarily be concerned with state law in Vermont, several federal laws come into play. Congress has enacted laws, and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have adopted regulations, covering discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.

The U.S. Code is the starting place for most federal statutory research. It consists of 50 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations (“CFR”), also organized by subject into 50 separate titles.

To access the U.S. Code and Code of Federal Regulations online, see the federal section of the Library of Congress’s legal research site.. Finally, check USA.gov, the official U.S. website for government information.

 

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