Vermont Landlord Tenant Rights

Vermont Landlord Tenant Rights

Last Updated: June 1, 2023

Under Vermont law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under Vermont Statutes Title 9 Chapter 137, such as the right to timely rent payments and a livable dwelling.

Note: These rights exist regardless of what the rental agreement says.

Landlord Responsibilities in Vermont

In Vermont, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Vermont’s habitability requirements:

Item Has to Provide? Has to Fix/Replace?
Heating/AC Only Heating Only Heating
Hot Water Yes Yes
Kitchen Appliances No No
Garbage Containers/Removal Yes Yes
Smoke and Carbon Monoxide (CO) Detectors Yes Yes
Mold N/A Yes
Pest Control N/A Yes

If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually (reporting) report the landlord to government authorities for unsafe living conditions.

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Renter’s Rights for Repairs in Vermont

Landlords must perform necessary repairs in a timely manner. In Vermont, landlords must make repairs within a “reasonable time” after getting written notice from tenants.

If repairs aren’t made in a timely manner, Vermont tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent.

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Tenant Responsibilities in Vermont

Aside from paying rent in a timely manner, Vermont tenants must:

  • Keep the unit in a safe and habitable condition.
  • Keep fixtures clean and sanitary.
  • Comply with all building, housing and health regulations.
  • Not deliberately or negligently destroy or damage any part of the premises.
  • Perform small repairs and maintenance.
  • Not disturb other tenants or neighbors.

Evictions in Vermont

Landlords in Vermont are permitted to evict tenants for the following reasons:

  • Nonpayment of Rent: If a tenant fails to pay rent then the landlord may issue a 30-Day Notice to Pay. If the tenant does not pay within the timeframe, then the landlord may initiate formal eviction proceedings.
  • Lease Violation: If a lease violation occurs, then the landlord may issue a 30-Day Notice to Quit. Landlords do not need to give tenants a chance to fix the issue. If the tenant does not meet the terms, then the landlord can pursue formal eviction.
  • No Lease/End of Lease: If a tenant remains on the property after the rental term is expired, the landlord may issue a notice to quit.  The amount of time required in the notice depends on the tenancy and if the lease is written or not:
    • Week-to-Week (Written Lease): 7-Day Notice to Quit.
    • Month-to-Month (Written Lease): If rent is paid on a month-to-month basis, and the tenant has lived in the rental unit for less than two years, a landlord must provide the tenant with a 30-Day Notice to Quit. Notice must be given at least 30 days before the end of the lease agreement.
    • Month-to-Month (Written Lease): If rent is paid on a month-to-month basis, and the tenant has lived in the rental unit for two or more years, a landlord must provide the tenant with a 60-Day Notice to Quit. Notice must be given at least 60 days before the end of the lease agreement.
    • Week-to-Week (No Written Lease): If rent is paid on a week-to-week basis, the landlord must provide the tenant with a 21-Day Notice to Quit.
    • Month-to-Month (No Written Lease): If rent is paid on a month-to-month basis, and the tenant has lived in the rental unit for less than two years, a landlord must provide the tenant with a 60-Day Notice to Quit.
    • Month-to-Month (No Written Lease): If rent is paid on a month-to-month basis, and the tenant has lived in the rental unit for two or more years, a landlord must provide the tenant with a 90-Day Notice to Quit.
  • Sale of Rental Property: If the rental property is going to be sold, tenants must be provided with a 30-Day Notice to Quit.
  • Illegal Acts: Illegal activities such as violent crime, criminal activity and illegal drug use can be grounds for a 14-Day Notice to Quit. Tenants must move out within 2 weeks or face formal eviction proceedings.

It is illegal for landlords to evict tenants as a form of retaliation and for discriminatory reasons.

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Landlord Retaliation in Vermont

It’s illegal for Vermont landlords to retaliate by changing the terms of the rental agreement or threatening an eviction or other lawsuit against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.

Security Deposits in Vermont

Collections & Holdings: The following laws apply to the collection and holding of security deposits:

  • Maximum: None.
  • Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
  • Interest Requirement: None.

Local Laws: Cities and towns can pass their own rules. For example, some of these rules are different in Burlington and Brattleboro.

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Returns & Deductions: The following laws apply to the return of security deposits:

  • Allowable Deductions: Unpaid rent, utilities, late fees, damage excluding normal wear and tear, costs to remove abandoned property, and cleaning costs.
  • Time Limit for Return: 14 days.
  • Max. Penalty for Late Return: Tenants can sue for twice the amount of the deposit plus court costs and attorneys’ fees.

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Lease Termination in Vermont

Notice Requirements: If a Vermont tenant wishes to break a periodic lease, they must give the following amounts of notice:

Rent Payment Frequency Notice Needed
Week-to-Week 21 Days
Month-to-Month 30 Days
Quarter-to-Quarter No statute
Year-to-Year 60 Days (<2 years), 90 Days (>2 years)

Early Termination: Vermont tenants may legally break a lease early for the following reasons:

  • Early termination clause.
  • Active military duty.
  • Uninhabitable unit.
  • Landlord harassment.

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Cost of Breaking a Lease in Vermont

If a Vermont tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.

Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.

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Rent Increases in Vermont

Vermont does not have rent control. However, state law does not prohibit cities and towns from creating their own rent control laws.

As long as there is no local rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.

Landlords must give at least 60 days’ notice before increasing the rent.

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Housing Discrimination in Vermont

Protected Groups: The Federal Fair Housing Act prohibits discrimination on the basis of race, color, national origin, sex (including gender identity and sexual orientation), religion, familial status, or disability. These rules do not apply to some owner-occupied homes or homes run by religious organizations. Vermont state law adds additional protections for tenants on the basis of marital status, age, and receipt of public assistance.

Discriminatory Acts & Penalties: Housing discrimination cases in Vermont are handled by the Vermont Human Rights Commission. The Commission has highlighted the following behaviors as potentially discriminatory when directed at a member of a protected group:

  • Refusing to rent or negotiate housing.
  • Falsely claiming a unit is unavailable.
  • Showing different rental units to viewers.
  • Steering prospective renters into certain neighborhoods.
  • Requiring different types of documentation.
  • Refusing to engage in certain lending practices.
  • Offering different terms, conditions, or privileges.
  • Advertisements that indicate a discriminatory preference.

Tenants who believe they have been the victim of housing discrimination may file a complaint digitally or over the phone.

Additional Landlord Tenant Regulations in Vermont

In addition to having laws that address general issues like repairs and security deposits, most states, including Vermont, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.

Landlord Right to Entry in Vermont

Vermont landlords have the right to enter rental property to provide inspections, maintenance, services, or property showings. They must give at least 48 hours of prior notice before entering a rental property, unless it’s an emergency or the tenant consents to an entry on less notice. In most cases, the landlord is only allowed to enter between the hours of 9:00 AM and 9:00 PM.

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Rent Collection & Related Fees in Vermont

The following laws apply to the collection of rent and related fees:

  • Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
  • Maximum Late Fee: Late fees must be reasonably related to the actual cost to the landlord.
  • Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
  • Rent Receipt: Not required.

Small Claims Court in Vermont

Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.

Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $5,000. Vermont Small Claims Court is a division of Superior Court. The process takes approximately three to four months.

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Mandatory Disclosures in Vermont

Vermont landlords must make the following mandatory disclosure:

  • Lead-Based Paint: Landlords in Vermont that own homes built before 1978 must provide information about concentrations of lead paint.

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Changing the Locks in Vermont

Vermont law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.

Vermont Landlord-Tenant Resources

Many cities in Vermont have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for more general information.

Landlord Tenant Education Materials

Landlord & Tenant Judiciary Primers

Suing and Being Sued