Most places, including Vermont, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in proper condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
Vermont Implied Warranty of Habitability
In Vermont, the implied warranty of habitability means that a landlord must provide and maintain safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Vermont
Note: Check local city/county laws and ordinances for additional requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Washer & Dryer | No | No |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | Yes | Yes |
| Light Fixtures | Yes | Yes |
| Landscaping | No | No |
| Garbage Removal | Yes | Yes |
| Garbage Pickup | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in Vermont
Vermont landlords must provide and maintain heating for rental properties. They don’t have to provide air conditioning.
Are Landlords Required to Provide Air Filter Replacements in Vermont?
Vermont landlords don’t have to replace things like air filters, unless required heating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Vermont
Vermont landlords must provide and maintain plumbing, although the renter must also use plumbing in a reasonable and sanitary way that doesn’t cause damage. Rental property must have hot and cold running water, sinks for the kitchen and bathroom, a toilet, a shower or bathtub, and sewage service.
Are Landlords Required To Provide Hot Water in Vermont?
Vermont landlords must provide and maintain running heated water for rental properties. When water becomes temporarily unavailable or poor quality, landlords must provide an alternate water supply until any related issues are fixed.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Vermont?
Vermont landlords must fix clogs that keep the plumbing from being in good repair.
Are Landlords in Vermont Responsible for Fixing Leaks?
Vermont landlords must fix leaks that keep the plumbing from being in good repair.
Landlord Responsibilities for Kitchen Appliances in Vermont
Vermont landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator.
Landlord Responsibilities for Electrical Issues in Vermont
Vermont landlords are responsible for making sure there are no electrical issues that endanger basic safety or habitability on the rental property. In addition, every room must have at least one electric light fixture, and every property must have exterior lighting that permits safe access at night.
Are Landlords Responsible for Replacing Light Bulbs in Vermont?
Vermont landlords are responsible for replacing light bulbs as necessary to maintain required light fixtures.
Landlord Responsibilities for Garbage Removal in Vermont
Vermont landlords must provide and maintain outside garbage containers and garbage removal services as well as keeping common areas free of garbage. Tenants must keep their rental dwellings from accumulating garbage.
Landlord Responsibilities for Landscaping in Vermont
Vermont landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Vermont
Vermont landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety. If the renter’s deliberate or negligent actions cause mold issues, the landlord can make the renter fix it, or pay for repairs.
Landlord Responsibilities Regarding Pests in Vermont
Vermont landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants.
Landlord Responsibilities for Windows & Window Coverings in Vermont
Vermont landlords are responsible for providing window screens for all windows. The landlord has to repair broken windows the tenant didn’t cause, since this is a health and safety issue. Windows and exterior-opening spaces in general must have adequate weatherproofing.
Landlord Responsibilities Regarding Safety Devices in Vermont
Vermont landlords are responsible for providing and maintaining required smoke alarms and carbon monoxide (CO) detectors on a rental property.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Vermont?
Vermont landlords have unclear responsibilities relating to battery replacement in safety devices. In general, the landlord has to maintain safety devices, but minor issues like battery replacement may be the tenant’s responsibility by agreement. Check rental agreements carefully.
Landlord Responsibilities for Washers and Dryers in Vermont
Vermont landlords are not required to furnish their rental properties with a working washer and dryer.
Renter’s Rights for Repairs in Vermont
Vermont renters have the right to repairs for health and safety issues which they didn’t cause themselves. To exercise their right, the renter must notify the landlord of the issue in writing (mailed or hand delivered). Landlords get a “reasonable time” after notice to fix issues, usually 30 days.
If the issue isn’t fixed within the legally required time, the renter can end the rental agreement, ask a court to order repairs or compensation, withhold rent, or (for minor issues) repair and deduct. Tenants can also recover reasonable attorney fees.
Sources
- 1 9 Vt. Stat. Ann. § 4453 (2023)
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“Obligations imposed on landlords and tenants under this chapter shall be implied in all rental agreements.”
Source Link - 2 9 Vt. Stat. Ann. § 4454 (2023)
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“No rental agreement shall contain any provision that attempts to circumvent or circumvents obligations and remedies established by this chapter and any such provision shall be unenforceable and void.”
Source Link - 3 Nepveu v. Rau, 155 Vt. 373, 375 (Vt. 1990)
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“[A]n implied warranty of habitability exists in every lease for a residential dwelling unit and cannot be waived by agreement.”
Source Link - 4 9 Vt. Stat. Ann. § 4457(a) & (b) (2023)
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“(a) In any residential rental agreement, the landlord shall be deemed to covenant and warrant to deliver over and maintain, throughout the period of the tenancy, premises that are safe, clean, and fit for human habitation and that comply with the requirements of applicable building, housing, and health regulations.
“(b) No rental agreement shall contain any provision by which the tenant waives the protections of the implied warranty of habitability. Any such waiver shall be deemed contrary to public policy and shall be unenforceable and void.”
Source Link - 5 9 Vt. Stat. Ann. § 4457(c) (2023)
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“Heat and water. As part of the implied warranty of habitability, the landlord shall ensure that the dwelling unit has heating facilities that are capable of safely providing a reasonable amount of heat. Every landlord who provides heat as part of the rental agreement shall at all times supply a reasonable amount of heat to the dwelling unit. The landlord shall provide an adequate amount of water to each dwelling unit properly connected with hot and cold water lines. The hot water lines shall be connected with supplied water-heating facilities that are capable of heating sufficient water to permit an adequate amount to be drawn. This subsection shall not apply to a dwelling unit intended and rented for summer occupancy or as a hunting camp.”
Source Link - 6 9 Vt. Stat. Ann. § 4456(c) (2023)
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“The tenant shall not deliberately or negligently destroy, deface, damage, or remove any part of the premises or its fixtures, mechanical systems, or furnishings or deliberately or negligently permit any person to do so.”
Source Link - 7 Vt. Health Regs. § 6-5.4.6 (2023)
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“All plumbing systems shall be maintained in good repair.”
Source Link - 8 Vt. Health Regs. § 6-5.1 (2023)
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“Every dwelling unit shall contain within the unit space to store, prepare and serve foods in a sanitary manner, including the presence of a kitchen sink.”
Source Link - 9 Vt. Health Regs. § 6-5.2.1 (2023)
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“Every dwelling unit shall contain within the unit a flush toilet, sink and bathtub or shower located in a room or rooms separate from the habitable rooms and which affords privacy.”
Source Link - 10 Vt. Health Regs. § 6-5.4.3 (2023)
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“Every kitchen sink, lavatory sink, shower and tub-shower combination shall be connected with water heating facilities in working order that are capable of safely heating an adequate yield of water. Shower and tub-shower combinations must be plumbed to be able to achieve a hot water temperature greater than or equal to 100°F and remain less than 120°F at the fixture.”
Source Link - 11 Vt. Health Regs. § 6-5.4.5 (2023)
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“Owners of rented mobile home lots shall provide hook-up to and owners of all dwellings and rooming houses shall connect all kitchen sinks, toilets, bathroom sinks, bathtubs, showers, washing machines and dishwashers to a public sewage system if available, or to a properly operating subsurface wastewater disposal system. Each wastewater disposal system shall be operated so that sewage does not back up into the dwelling, flow to the ground surface or directly into surface water.”
Source Link - 12 Vt. Health Regs. § 6-5.4.4 (2023)
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“Owners of dwellings, rooming houses and rented mobile home lots with short-term deficiencies in water quality or quantity must provide occupants with an alternate, adequate and accessible supply of water for drinking and sanitation until a regular source of water is made available.”
Source Link - 13 Vt. Health Regs. § 6-9 (2023)
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“Every habitable room in a dwelling unit or rooming house other than a kitchen shall contain at least two duplex electrical outlets or one duplex electrical outlet and one electrical light fixture. Every kitchen in a dwelling unit or rooming house shall contain at least one electric light fixture and two duplex electrical outlets. Every other room in a dwelling unit or rooming house shall contain at least one electric light fixture. All building entrances in dwellings or rooming houses and all common areas in rooming houses or dwellings containing two or more dwelling units shall be adequately lighted to provide for safe and reasonable use and safe access and egress to and from the building. All electrical systems in dwellings, rooming houses and on rented mobile home lots shall be maintained in safe working condition.”
Source Link - 14 Vt. Health Regs. § 6-5.5.1.2 (2023)
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“The owner of any dwelling or rooming house shall provide and maintain appropriate receptacles for the removal of trash, recyclables, and food scraps in accordance with 10 V.S.A. ch. 159 [Vermont’s waste management laws].”
Source Link - 15 Vt. Health Regs. § 6-5.5.1.3 (2023)
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“The owner of any dwelling or rooming house shall assure that arrangements are made for the removal of trash, recyclables, and food scraps in accordance with 10 V.S.A. ch. 159 [Vermont’s waste management laws].”
Source Link - 16 Vt. Health Regs. § 6-5.5.3.2 (2023)
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“The occupant of every dwelling unit or rooming unit shall be responsible for maintaining in a clean and sanitary condition and free of trash, recyclables, and food scraps that part of the premises which he or she exclusively occupies.”
Source Link - 17 Vt. Health Regs. § 6-5.5.3.1 (2023)
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“The owner of every dwelling or rooming house shall be responsible for maintaining in a clean and sanitary condition free of trash, recyclables, and food scraps all common areas as well as any other part of the premises not used as a dwelling space.”
Source Link - 18 Vt. Health Regs. § 6-10.3 (2023)
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“Every dwelling, dwelling unit, rooming house or rooming unit shall be maintained to be free from the regular or periodic appearance of standing water or excessive moisture, which may result in visible mold growth.”
Source Link - 19 Vt. Health Regs. § 6-12.1.1 (2023)
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“It shall be the responsibility of the owner to maintain all premises in compliance with this code.”
Source Link - 20 Vt. Health Regs. § 6-6.1.3 & 6-6.2 (2023)
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“The owner of a dwelling shall be responsible for extermination of any infestation in any dwelling unit when infestation in a dwelling unit is caused by his or her failure to maintain the dwelling or infestation exists in two or more of the dwelling units in any dwelling… The occupant of each dwelling unit shall maintain that part of the dwelling he or she exclusively occupies free from infestation and shall be responsible for extermination when the infestation is caused by his or her failure to maintain the dwelling unit except as provided for in Section 6.1.3.”
Source Link - 21 Vt. Health Regs. § 6-8.1.2 (2023)
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“Screens shall be provided for all operable windows and for doors that are providing ventilation when a window is not available. All screens shall be maintained in good repair and be free from tears, holes, or other imperfections of either screen or frame that would admit insects such as flies or mosquitoes.”
Source Link - 22 Vt. Health Regs. § 6-10.1 (2023)
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“Every owner of a dwelling or rooming house shall provide and maintain the foundation, floors, walls, doors, windows, ceilings, roof, staircases, chimneys and other structural elements of his or her dwelling, dwelling unit, rooming house or rooming unit so that it is weathertight, watertight, rodent proof and in good repair.”
Source Link - 23 Vermont Dept. of Pub. Safety Div. of Fire Safety, Fire & Bldg. Safety Code 34-35 (2016)
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Vermont requires smoke alarms and carbon monoxide detectors in all residential dwellings. In general, Vermont’s incorporation of the NFPA’s International Fire Code means the landlord is primarily responsible for maintaining such safety systems, but certain minor issues like battery replacement may be the tenant’s responsibility by explicit agreement in the lease. For details, see Vermont Dept. of Pub. Safety Div. of Fire Safety, Fire & Bldg. Safety Code 34-35 (2016); see also generally 2018 Int’l Fire Code § 907.8.5 (2018) (“The building owner shall be responsible to maintain the fire and life safety systems in an operable condition at all times.”)
Source Link - 24 9 Vt. Stat. Ann. § 4458(a) (2023)
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“(a) If the landlord fails to comply with the landlord’s obligations for habitability and, after receiving actual notice [i.e., written notice, hand-delivered or mailed] of the noncompliance from the tenant, a governmental entity or a qualified independent inspector, the landlord fails to make repairs within a reasonable time and the noncompliance materially affects health and safety, the tenant may: (1) withhold the payment of rent for the period of the noncompliance; (2) obtain injunctive relief; (3) recover damages, costs, and reasonable attorney’s fees; and (4) terminate the rental agreement on reasonable notice.”
Source Link - 25 9 Vt. Stat. Ann. § 4458(b) (2023)
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“Tenant remedies under this section are not available if the noncompliance was caused by the negligent or deliberate act or omission of the tenant or a person on the premises with the tenant’s consent.”
Source Link - 26 9 Vt. Stat. Ann. § 4459(a) (2023)
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“If within 30 days of notice, the landlord fails to repair a minor defect in order to comply with this chapter or a material provision of the rental agreement, the tenant may repair the defect and deduct from the rent the actual and reasonable cost of the work, not to exceed one-half of one month’s rent. The tenant shall provide the landlord with actual notice [i.e., written notice, hand-delivered or mailed] of the cost of the repair when the cost is deducted from the rent.”
Source Link - 27 9 Vt. Stat. Ann. § 4459(b) (2023)
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“The tenant remedies under this section are not available if the noncompliance was caused by the negligent or deliberate act or omission of the tenant or a person on the premises with the tenant’s consent.”
Source Link - 28 Favreau v. Miller, 156 Vt. 222, 229-30 (Vt. 1991) (internal citations omitted)
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“Where a tenant leases substandard premises, she ought recover from the landlord her excess rental payments, her consequential damages for ‘annoyance and discomfort’ and, in certain instances, punitive damages.”
Source Link - 29 KWON v. EATON, 2010 Vt. 73, (Vt. 2010) (internal citations omitted)
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Tenants may recover attorney fees even when the landlord technically “wins” the lawsuit through a net recovery of owed rent: “[A] landlord’s breach of the statutory warranty of habitability entitles tenants to attorney’s fees… The statute does not require a tenant to receive an overall net gain in the lawsuit — it requires only that tenants prove a breach of the warranty of habitability.”
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