Everything About Rental Agreements

All agreements between a landlord and a renter are "rental agreements" according to Vermont's Residential Rental Agreements Act (RRAA). 9 V.S.A. § 4451( 8 ). The rental agreement does not need to be in writing. You and the landlord have all the rights and responsibilities in the law although there is no written agreement. 9 V.S.A. § 4453.

The RRAA requires that the duties and rights of property owners and renters in the law are implied (made a part of) all rental agreements. Which ones are implied in all rental agreements? See this list of rights and tasks of occupants and property owners. To find out more on these rights and tasks, visit our Rights and Duties Explained page.

All of the arrangements 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 protects you and requires you to do (or not do) some things. It also secures landlords and needs them to do (or not do) some things. The law is the exact same if you have a composed or verbal rental agreement. 9 V.S.A. § 4453.

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

The RRAA never ever utilizes the word "lease." Calling a residential rental agreement 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 managers and housing authorities do use the word "lease."

Rental arrangements can be for an amount of time that is specified in the rental agreement. For instance, the agreement could be six months or a year. During that time, all of the terms (consisting of the amount of lease) of the occupancy remain the exact same. Or a rental agreement can be "month-to-month." This indicates the length of the tenancy or the amount of rent can be altered as long as you get the notice needed by the RRAA.

As far as rental arrangements go, calling it a lease doesn't guarantee that the terms can't be changed for a year. If you desire the occupancy to be for a particular amount of time, you have to get the property manager to agree.

All of the rights and commitments of the RRAA belong to the arrangement even without being documented. 9 V.S.A. § 4453. Any additional terms may not be enforceable unless you and the property owner have talked about them and concurred - and after that just as long as the RRAA does not prohibit the agreement. 9 V.S.A. § 4454.

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

When you are choosing to lease a home, you need to pay close attention to what the property owner says.

Because the RRAA sets out many rights and tasks of tenants and landlords, and due to the fact that composed rental contracts can't change what remains in the RRAA, a composed rental arrangement tends to have more advantages for property managers than for renters.

Advantages for a landlord:

- The property manager could reduce the time length of advance notice needed to end the tenancy. 9 V.S.A. § 4467( c), (e).
- The proprietor could make the time length of advance notice you need to offer the property manager when you wish to vacate longer. 9 V.S.A. § 4456( d).
- A written rental arrangement could require you to pay your proprietor's attorney's fees if a lawyer is used to enforce any part of the agreement or to evict you. (Note: If you damage the unit or disrupt your next-door neighbors and your property manager evicts you due to the fact that of it, the RRAA makes you responsible for the property owner's attorney's costs. 9 V.S.A. § 4456( e).).
- A written rental arrangement can name the people who can live in the system, and keep you from letting somebody move in. - Note: It would be discrimination for a property manager to evict you for having a baby. 9 V.S.A. § 4503( a).
- A property owner can keep you from subleasing the place 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 quicker than normal. 12 V.S.A. § 4853b.

A composed rental agreement may assist you as an occupant since:

- It might guarantee that the rent will not alter until a certain date.
- It can restrict the amount your lease can go up.
- It can state the length of time you can live there.
- If it isn't composed in the agreement, the proprietor can't say you consented to it. Verbal agreements outside the composed arrangement might not be enforceable. For instance, a written agreement can say who need to spend for heating fuel or electrical power.

Generally, a proprietor can not charge late fees.

A late cost is legal only if:

- The rental contract states a late fee will be charged for late lease, and

- The charge is just the sensible cost to the property manager because of the late payment. See Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313 (1991 ). Reasonable expenses to the landlord means the property owner's real extra cost due to the fact that of late rent, like additional expense in keeping the books, driving over to you, making telephone call, or writing you letters.

A late cost is illegal when:

- A flat charge of a certain amount of money if lease is paid after the lease day is typically not the property manager's reasonable expense, therefore is unlawful.
- Your proprietor can not provide you a lease "discount" for paying by a particular date. In one case, the Windham Superior Court held that rewards for early payments are the very same as charges and thus, they are not lawfully 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 document, we will provide it on your request. Please use our site feedback form to do so.)

A rental contract can consist of these terms:

- Only individuals called in the composed rental contract (and their small children, even if they get here later) can live in the rental system.
- Subleasing is enabled or not allowed. 9 V.S.A. § 4456b( a)( 1 ).
- Smoking is not permitted.
- Pets are not allowed. But, if you need an animal because of your special needs, see our Reasonable Accommodations page.
- A description of what areas (living space, other locations) are consisted of.
- Rules about utilizing common locations.
- Who is responsible for paying utility costs.
- The responsibility to pay a set amount of rent, for a set amount of time, even if the tenant decides to move out early. (The proprietor has a duty to re-rent the location as quickly as possible, but the occupant may owe lease till another person leases it.)

You can agree to a modification however you don't need to.

If you or the landlord wishes to alter a term or condition in your rental agreement, you can ask each other to concur. You or the property manager can't alter the rights and responsibilities in the RRAA, however other parts of rental agreements can be changed. If the rental contract is in writing, modifications should be in writing.

Generally for things like animals, enhancements (refurnishing or upgrading home appliances or fixtures) if a single person asks, and the other concurs, then that term of the rental contract is changed. But if the proprietor wants something, and you do not want it, then you can disagree.

The examples below presume that the system is in good repair, and not being harmed by the renter:

- Two months after you relocate the landlord states, "I wish to secure the bathtub and put in a shower." You state, "No, I like the bathtub." The bathtub is part of what you accepted lease, and you do not agree to alter it. Landlord can't refurbish the bathroom.
- Or, proprietor states, "I am changing my mind. You can't have a pet." You don't have to accept eliminate your family pet.
- Or you say, "I do not like the gas stove in the apartment or condo. I want an electric range." Landlord does not need to agree to a brand-new range.

Note: There is a difference in between agreements to change something and repair work required by law. The RRAA does not allow you or your pet to trigger damage, 9 V.S.A. § 4456( a), (c), and the RRAA requires the property owner to keep the unit safe and tidy, 9 V.S.A. § 4458. See our page about Repair Problems and Tenant's Right to Repair.

You or the landlord might wish to end the occupancy if one of you wants a modification and the other doesn't. If your rental agreement is not for a specific amount 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 contract

Do you have a composed rental arrangement that says the rental arrangement was for a certain time period, for example January 1 - December 31? If that time has ended, you may wonder if there is still a written rental agreement, or exists no composed rental contract?

It depends upon what the composed agreement states. If it specifies the dates and does not additional address what happens when it expires, the written arrangement ends, however the tenancy does not. That is because when you relocate with the contract of a property manager, the landlord needs to send a notice to end the occupancy, even if there is a composed rental contract which expires. To put it simply, the expiration of the agreement is not enough notice to end an occupancy.

A written rental agreement that expires on a specific date could consist of a stipulation that defines the length of the tenancy after that date has actually passed. It could state, for example, the tenancy continues from month to month. Or it could say if you do not move out, the occupancy continues for another year.

Whatever it says, if the property manager desires you out, they have to provide you a termination notice needed by the tenancy you have.

Discover more on our Rent Increases page.

A Vermont law that took result on July 1, 2018, legislated ownership of up to an ounce of cannabis and 2 fully grown and 4 immature plants. If you are a tenant, or if you have a rental aid from a housing authority, or if you have some other type of federally helped rental subsidy, take care. Your lease and program rules may still make it a violation of the guidelines for you to have marijuana or cannabis plants in your rental unit. Your lease might likewise prohibit smoking cigarettes, consisting of smoking cannabis.

The brand-new Vermont law does not change the terms of your lease. The brand-new law does not alter the program rules for tenants with federal rental support. If you are not sure, inspect your lease or program guidelines or speak with your landlord or housing authority. You can also contact us for assistance. Your information will be sent to Legal Services Vermont, which screens requests for help for both Vermont Legal Aid and Legal Services Vermont.

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