Vermont law gives landlords and tenants responsibilities and rights whenever a written or oral rental agreement exists, or if payment is accepted as rent. Vermont Statutes Title 9 Chapter 137 details the specifics, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: Rights granted by law operate regardless of what the rental agreement says, in general. A lease provision that tries to waive legal rights is unenforceable in most cases.
Landlord Responsibilities in Vermont
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.
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.
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.
Many Vermont properties are entitled to a minimum 30 days of advance notice before a landlord can file eviction for nonpayment of rent or other fees. This applies to residential property that was covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act. Landlords must file a certification of CARES compliance to evict.
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 and 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.
Returns and 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
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
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.
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.
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 and 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.
Rent Collection and 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 cannot be a punishment to the tenant and must reflect reasonable expected landlord expenses
- 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.
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
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
Sources
- 1 Vt. R. Civ. P. 9.2
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(a) Applicability. This rule applies to all actions for eviction of a tenant of residential housing based solely or in part on nonpayment of rent.
(b) Notice of Termination of Residential Tenancy.
(1) A complaint in an action to which this rule applies must contain or be accompanied by a declaration showing either compliance with the 30-day notice requirement of the CARES Act, 15 U.S.C. § 9058(c), or that the dwelling from which the plaintiff seeks to evict the tenant is not located on or in a “covered property” as defined in the CARES Act, 15 U.S.C. § 9058(a)(2).
(2) The declaration must be in the form approved by the State Court Administrator and published on the Judiciary website.
(3) The court may dismiss a case filed without the declaration.
Source Link - 2 Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313, 316 (Vt. 1991)
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[Three factors should be considered in determining whether a contract provision is a reasonable liquidated damages clause rather than an unlawful penalty:]
(1) because of the nature or subject matter of the agreement, damages arising from a breach would be difficult to calculate accurately;
(2) the sum fixed as liquidated damages must reflect a reasonable estimate of likely damages; and
(3) the provision must be intended solely to compensate the nonbreaching party and not as a penalty for breach or as an incentive to perform.
Source Link
