In Vermont, a rental agreement without a fixed end date must still comply with all federal and state landlord-tenant laws. A Vermont month-to-month lease agreement, also known as a tenancy at will, has no set end date, but it is still a legally binding contract with enforceable rights and obligations.
Here, we’ll take a closer look at everything landlords need to know about this type of rental agreement, from start to finish.
Disclosures (2)
Vermont law requires landlords to disclose specific information to tenants when a tenant signs a Vermont month-to-month lease agreement.
- Lead-based paint: Federal law requires landlords to give tenants any known information about lead-based paint and its hazards in homes built before 1978. Landlords must also provide a copy of the EPA’s lead safety pamphlet.
- Flood zone notice: Landlords must notify their tenants in a separate written disclosure if their rental lies in a FEMA-designated flood zone (Vt. Stat. tit. 9, § 4466).
Optional Disclosures and Addenda
Vermont does not require landlords to disclose the following information to their tenants; however, including additional disclosures and addenda with their Vermont month-to-month lease agreement can help build trust and prevent confusion.
Asbestos: Asbestos may be present in the unit, especially in older buildings. Landlords should include a disclosure notifying tenants of any asbestos-containing material in the unit and outlining safety precautions they should take.
Bed bugs: Informs tenants of any known or suspected bed bug infestation in the unit or in adjacent units.
Mold disclosure: Discloses any known mold issues inside and sets expectations for maintenance going forward.
Pet addendum: Outlines the rules regarding pets, including information on separate deposits or fees.
Smoking policy addendum: Details the unit’s smoking policy and lists any designated smoking areas on the property.
Additional Vermont Month-to-Month Lease Laws
Other laws apply to various aspects of their Vermont month-to-month lease agreement. Let’s take a closer look.
Notice to Terminate a Month-to-Month Agreement
Giving proper notice to terminate becomes especially important when there is no fixed lease end date.
Required notice for tenant: If the tenant has lived in the unit for less than 2 years, they must give 60 days’ written notice to terminate the arrangement. If they have lived in the unit for 2 years or longer, they must give 90 days’ notice (Vt. Stat. tit. 9, § 4467).
Required notice for the landlord: Similarly, landlords must also give 60 days’ written notice if the tenant has lived at the property for less than 2 years, and 90 days’ notice if the lease lasted 2 years or longer (Vt. Stat. tit. 9, § 4467).
Laws Governing Rent Increases
Vermont does not have rent control or stabilization laws, so landlords can raise the rent as they deem necessary. However, landlords must give their tenant at least 60 days’ written notice before any rent increase takes effect (Vt. Stat. tit. 9, § 4455(b)).
Lease Violations and Eviction
State law is clear on their next steps if their tenant violates any part of their Vermont month-to-month lease agreement.
Missed rent payment: If the tenant misses a rent payment, landlords may issue a 14-day Notice to Pay or Quit (Vt. Stat. tit. 9, § 4455(b)).
Lease violation: For other lease violations, landlords may issue a 30-day Notice to Quit. Vermont does not require landlords to allow their tenants time to remedy the violation (Vt. Stat. tit. 9, § 4467(b)(1)).
Lease abandonment: If their tenant moves out without giving notice, they are typically liable for the remainder of the rent, as well as loss of their security deposit and potential legal issues. However, landlords in Vermont have a duty to mitigate, meaning they must attempt to re-rent the unit as quickly as possible (Vt. Stat. tit. 9, § 4462(a)).
Self-help evictions: In Vermont, self-help evictions are illegal. In other words, landlords should never attempt to remove a tenant on their own.
Rent Payment Laws
Vermont law also applies to rent payments. Follow these guidelines to make sure landlords stay compliant.
Rent control/stabilization: There are no rent control or stabilization laws in Vermont, meaning that landlords can increase rent as needed. To raise the rent, landlords must give their tenant at least 60 days’ written notice before any increase takes effect (Vt. Stat. tit. 9, § 4455(b)).
Late rent fees: In Vermont, landlords may not charge tenants a fee for late rent, but they may charge a reasonable percentage of any associated costs incurred.
Grace period: Vermont law does not require landlords to extend a grace period to their tenants for late rent.
Tenant’s right to withhold rent: If a landlord fails to make a necessary repair within a reasonable time, Vermont tenants have the right to withhold rent or make the repairs themselves and deduct the cost from a future rent payment (Vt. Stat. tit. 9, § 4458).
Pet rent laws: Landlords may charge an additional rent for pets each month, as long as they clearly disclose the charge in their Vermont month-to-month lease agreement.
Security Deposits
Vermont law sets specific rules on security deposits, from how much landlords can collect to when they must return the funds.
Maximum amount: There are no state-wide limits on security deposits, so landlords can collect any reasonable amount as a security deposit, as long as they clearly disclose the amount in their lease agreement. Certain cities, such as Burlington and Barre, cap security deposits at 1 month’s rent. Always check local laws when setting deposit amounts.
Deposit receipt: Landlords are not legally required to provide a receipt for their tenant’s security deposit payment in Vermont.
Interest payments: Vermont landlords must pay tenants any accrued interest on their security deposit payment. State law allows local jurisdictions to set their own rules regarding interest payments, so landlords in Burlington and Barre must hold security deposit funds in interest-bearing accounts (Vt. Stat. tit. 9, § 4461(g)).
Security deposit return: Landlords must return the balance of their tenant’s security deposit within 14 days of lease termination (Vt. Stat. tit. 9, § 4461(c)).
Deductions: If landlords withhold funds from the security deposit to cover unpaid rent or excessive damage, they must provide their tenant with an itemized list of the deductions (Vt. Stat. tit. 9, § 4461(c)).
Property Access Laws
When landlords need to enter the property, whether for a repair or an emergency, follow these laws to ensure compliance.
Advance notice: Vermont law requires landlords to give their tenants at least 48 hours’ written notice before entering for routine maintenance or repairs, and landlords may only enter between 9:00 a.m. and 9:00 p.m. (Vt. Stat. tit. 9, § 4460(b)).
Immediate access: If there is an immediate threat to a person or property, landlords may enter the property without notice (Vt. Stat. tit. 9, § 4460(c)).
Harassment: Landlords who don’t follow these guidelines are considered guilty of harassment, allowing their tenants to pursue legal action and potentially terminate their lease early.
