1 All About Rental Agreements

Louie Lusk edited this page 2025-06-14 18:11:58 +08:00

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All contracts between a proprietor and a tenant are "rental arrangements" according to Vermont's Residential Rental Agreements Act (RRAA). 9 V.S.A. § 4451( 8 ). The rental arrangement does not need to be in writing. You and the proprietor have all the rights and commitments in the law even though there is no written arrangement. 9 V.S.A. § 4453.

The RRAA requires that the responsibilities and rights of proprietors and occupants in the law are suggested (made a part of) all rental contracts. Which ones are suggested in all rental arrangements? See this list of rights and responsibilities of tenants and landlords. To learn more on these rights and tasks, visit our Rights and Duties Explained page.

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

The RRAA protects you and needs you to do (or not do) some things. It also protects property owners and needs them to do (or not do) some things. The law is the same if you have a composed or spoken rental arrangement. 9 V.S.A. § 4453.

Any part of a rental contract 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 need to be in a rental contract.

The RRAA never uses the word "lease." Calling a property 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 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 example, the arrangement could be 6 months or a year. During that time, all of the terms (including the amount of lease) of the tenancy remain the very same. Or a rental arrangement can be "month-to-month." This means the length of the occupancy or the quantity of rent can be altered as long as you get the notice needed by the RRAA.

As far as rental agreements go, calling it a lease does not guarantee that the terms can't be changed for a year. If you want the occupancy to be for a specific amount of time, you need to get the property owner to agree.

All of the rights and obligations of the RRAA become part of the arrangement even without being jotted down. 9 V.S.A. § 4453. Any additional terms might not be enforceable unless you and the proprietor have actually discussed them and concurred - and after that just as long as the RRAA does not restrict the contract. 9 V.S.A. § 4454.

If you have only a spoken arrangement, you may "agree" to something without realizing you have concurred. For instance, if you accept no holes in the walls thinking that does not keep you from hanging photos, the property manager might charge you for fixing the holes from hanging your images.

When you are choosing to lease an apartment or condo, you need to pay very close attention to what the landlord states.

Because the RRAA sets out lots of rights and responsibilities of renters and property owners, and because composed rental arrangements can't alter what remains in the RRAA, a written rental contract tends to have more advantages for property managers than for occupants.

Advantages for a property manager:

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

• The landlord might make the time length of advance notice you need to provide the landlord when you want to leave longer. 9 V.S.A. § 4456( d).
• A written rental arrangement could require you to pay your proprietor's lawyer's charges if a lawyer is used to impose any part of the arrangement 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 owner's lawyer's costs. 9 V.S.A. § 4456( e).).
• A composed rental agreement can name individuals who can live in the system, and keep you from letting someone move in. - Note: It would be discrimination for a proprietor to evict you for having a child. 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 individual who subleases your location in an "expedited hearing." Expedited means quicker than typical. 12 V.S.A. § 4853b.
  
  A composed rental arrangement might help you as an occupant due to the fact that:
  
  - It may guarantee that the lease won't change till a certain date.
• It can restrict the amount your rent can increase.
• It can say the length of time you can live there.
• If it isn't written in the contract, the landlord can't say you agreed to it. Verbal agreements outside the written contract might not be enforceable. For example, a written agreement can say who must spend for heating fuel or electricity.
  
  Generally, a landlord can not charge late charges.
  
  A late cost is legal just if:
  
  - The rental contract states a late cost will be charged for late lease, and
  
  - The charge is just the sensible expense to the property owner since 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 additional expense because of late lease, like extra cost in keeping the books, driving over to you, making phone calls, or composing you letters.
  
  A late fee is illegal when:
  
  - A flat charge of a specific quantity of money if rent is paid after the rent day is generally not the property owner's reasonable expense, therefore is prohibited.
• Your landlord can not offer you a rent "discount rate" for paying by a particular date. In one case, the Windham Superior Court held that incentives for early payments are the very same as charges and hence, they are not lawfully valid. See Shapiro v. Cormier, Docket No. 220-5-12 Wmcv (Windham Super. Ct., Aug. 22, 2012). (If you need an accessible version of this PDF document, we will supply it on your request. Please utilize our website feedback kind to do so.)
  
  A rental arrangement can consist of these terms:
  
  - Only individuals called in the composed rental agreement (and their minor children, even if they show up later on) can live in the rental.
• Subleasing is enabled or not enabled. 9 V.S.A. § 4456b( a)( 1 ).
• Smoking is not allowed.
• Pets are not permitted. But, if you need an animal since of your special needs, see our Reasonable Accommodations page.
• A description of what spaces (living area, other areas) are included.
• Rules about using typical locations.
• Who is accountable for paying utility bills.
• The obligation to pay a set amount of rent, for a set time period, even if the renter decides to vacate early. (The proprietor has a duty to re-rent the location as quickly as possible, however the occupant might owe lease till somebody else rents it.)
  
  You can concur to a change however you don't need to.
  
  If you or the property owner wants to alter a term or condition in your rental contract, you can ask each other to agree. You or the property manager can't alter the rights and commitments in the RRAA, however other parts of rental contracts can be changed. If the rental agreement remains in composing, modifications must remain in writing.
  
  Generally for things like family pets, enhancements (remodeling or upgrading appliances or fixtures) if someone asks, and the other agrees, then that term of the rental arrangement is altered. But if the property owner wants something, and you don't want it, then you can disagree.
  
  The examples below presume that the system is in excellent repair work, and not being harmed by the renter:
  
  - Two months after you relocate the proprietor says, "I want to take out the tub and put in a shower." You state, "No, I like the bath tub." The bath tub is part of what you consented to rent, and you do not accept alter it. can't renovate the bathroom.
• Or, landlord states, "I am changing my mind. You can't have a family pet." You don't have to consent to eliminate your family pet.
• Or you state, "I don't like the gas stove in the home. I desire an electric range." Landlord does not have to concur to a brand-new range.
  
  Note: There is a distinction between arrangements to alter something and repair work required by law. The RRAA does not permit you or your family pet to trigger damage, 9 V.S.A. § 4456( a), (c), and the RRAA requires the property manager to keep the unit safe and clean, 9 V.S.A. § 4458. See our page about Repair Problems and Tenant's Right to Repair.
  
  You or the property manager might desire to end the occupancy if among you wants a modification and the other doesn't. If your rental contract is not for a certain time period, 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 written agreement
  
  Do you have a written rental agreement that states the rental contract was for a certain amount of time, for example January 1 - December 31? If that time has ended, you may wonder if there is still a composed rental agreement, or exists no composed rental agreement?
  
  It depends upon what the composed agreement says. If it states the dates and does not more address what happens when it expires, the composed contract ends, however the tenancy does not. That is because when you relocate with the contract of a property owner, the property owner must send a notification to end the tenancy, even if there is a written rental arrangement which ends. To put it simply, the expiration of the contract is not adequate notice to end an occupancy.
  
  A written rental agreement that expires on a particular date might consist of a stipulation that specifies the length of the tenancy after that date has actually passed. It could state, for instance, the tenancy continues from month to month. Or it could state if you don't move out, the occupancy continues for another year.
  
  Whatever it states, if the landlord wants you out, they need to offer you a termination notification required by the tenancy you have.
  
  Find out more on our Rent Increases page.
  
  A Vermont law that took result on July 1, 2018, legislated ownership of up to an ounce of marijuana and 2 fully grown and 4 immature plants. If you are a renter, or if you have a rental aid from a housing authority, or if you have some other kind of federally helped rental subsidy, be cautious. Your lease and program guidelines may still make it a violation of the rules for you to have cannabis or cannabis plants in your rental. Your lease may likewise ban smoking cigarettes, consisting of smoking cigarettes marijuana.
  
  The new Vermont law does not change the terms of your lease. The new law does not alter the program rules for tenants with federal rental assistance. If you are uncertain, examine your lease or program guidelines or speak with your property owner or housing authority. You can likewise contact us for aid. 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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