A Vermont lease agreement serves as the cornerstone of a well-structured rental strategy. By clearly outlining legal obligations and expectations, landlords foster stability, safeguard property, and create a tenancy built to last.
Disclosures (2)
Disclosures may seem like a formality, but they play a significant role in keeping tenancies transparent and compliant. Vermont requires landlords to provide two key disclosures that give tenants important health and safety information before they sign a lease agreement.
Lead-based paint disclosure: For any home built before 1978, federal law requires landlords to share any known information about lead-based paint or related hazards. Landlords must give tenants a signed disclosure form and provide a copy of the EPA’s “Protect Your Family from Lead in Your Home” pamphlet.
Flood zone disclosure: Beginning in late 2024, Vermont law requires landlords to notify tenants in writing if a rental unit is in a FEMA special flood hazard area (9 V.S.A. § 4466). The disclosure must be provided as a separate document, ensuring tenants understand any flood risks associated with the property.
Optional Disclosures and Addenda
Disputes often arise when landlords don’t spell out key details in a lease. While Vermont doesn’t require many disclosures, smart landlords use optional addenda to clarify policies, protect their property, and keep tenancies running smoothly.
Standard optional disclosures and addenda include:
Mold disclosure: Provides information on any known mold issues and the expectations for ongoing maintenance.
Bed bug disclosure: Shares the property’s bed bug history and responsibilities for treatment or prevention.
Asbestos disclosure: Notifies tenants of the presence of asbestos-containing materials and outlines safety measures.
Pet addendum: Set clear rules about pet ownership, breed or other restrictions, pet deposits, and tenant responsibilities.
Smoking policy addendum: Outlines where smoking is or isn’t allowed on the property to prevent disputes and protect the property from potential damage.
Consequences of Not Including Mandatory Disclosures
Think of disclosures as an additional safety net for landlords. Skipping them isn’t just a box left unchecked; it can lead to real consequences.
Vermont landlords who provide all required notices up front protect themselves from fines, legal claims, and inevitable disputes with tenants.
Overlooking something like the federal lead-based paint form or the new flood zone notice can open the door to fines, claims, and legal action down the road.
Security Deposit Regulations in Vermont
Few parts of a lease cause more tension than the security deposit. Vermont’s rules cut through the confusion, spelling out exactly how landlords should collect, handle, and return deposits to keep things fair and compliant.
Maximum amount: Vermont does not cap security deposits, so landlords may collect any amount they choose.
Deposit receipt: Landlords are not required to provide a written receipt for security deposits in Vermont.
Interest payments: Vermont law does not require landlords to hold deposits in interest-bearing accounts or pay interest to tenants.
Security deposit return: Landlords must return the deposit within 14 days after the tenancy ends. Along with the balance, landlords must provide an itemized statement explaining any deductions (9 VT Stats § 4461(c)).
Deductions: Along with the balance of the security deposit, landlords must provide an itemized statement explaining any deductions (9 VT Stats § 4461(c)).
Rent Payment Regulations
Vermont gives landlords and tenants flexibility in setting rent terms, but understanding the rules around fees, grace periods, and repair deductions can help prevent misunderstandings down the line.
Rent control/stabilization: Vermont does not have statewide rent control or rent stabilization laws. However, local governments can adopt their own rent regulations, so landlords should check for any municipal rules that may apply.
Late rent fees: State law does not set a maximum late fee amount.
Grace period: Vermont law does not mandate a grace period for late rent.
Tenant’s right to withhold rent: Vermont law does not give tenants a general right to withhold rent. However, if a landlord fails to repair a minor defect within 30 days of written notice, the tenant may repair and deduct the reasonable cost, up to one-half of 1 month’s rent, from the next rent payment (9 VT Stats § 4459(a)).
Rental Agreement Violations
When lease violations happen, knowing the proper legal steps can help landlords avoid costly mistakes. Vermont law lays out clear procedures for handling everything from missed rent to early move-outs, ensuring both parties’ rights stay protected.
Lease violation: If a tenant violates the terms of their lease, Vermont landlords may issue a written Notice to Terminate the tenancy. For most breaches, landlords must give at least 30 days’ notice before ending the lease, unless the violation involves criminal activity or poses a health and safety risk (9 V.S.A. § 4467).
Missed rent payment: When a tenant fails to pay rent, landlords can serve a 14-day written Notice to Terminate the tenancy for nonpayment (9 V.S.A. § 4467(a)). If the tenant pays all overdue rent and any lawful fees within that 14-day window, the notice becomes void and the tenancy continues.
Lease abandonment: If a tenant vacates the unit before the lease ends, they may remain financially responsible for rent owed through the remainder of the lease term, minus any rent the landlord collects from re-renting the unit. Vermont law requires landlords to make reasonable efforts to mitigate damages by finding a new tenant (9 V.S.A. § 4462).
Self-help evictions: In the state of Vermont, self-help evictions, such as changing the locks, shutting off utilities, or removing a tenant’s belongings without a court order, are illegal. Landlords must follow the formal court eviction process to remove a tenant (9 V.S.A. § 4463).
Terminating a Lease
Ending a lease can get complicated, but Vermont law lays out clear rules for when and how both landlords and tenants can part ways, whether it’s a fixed-term lease, a month-to-month agreement, or a case of property abandonment.
Standard lease: Tenants in Vermont may end a lease early and without penalty if they meet a qualifying legal condition. Acceptable reasons include entering active military duty, uninhabitable living conditions, landlord harassment, or domestic violence. In other cases, tenants may remain responsible for rent through the end of the lease, though landlords must make reasonable efforts to re-rent the unit.
Month-to-month: Either party can terminate a month-to-month lease by giving written notice. If the tenant has lived in the unit for 2 years or more, the required notice is 90 days. For tenancies under 2 years, the required notice is 60 days (9 V.S.A. § 4467(e)).
Property abandonment: If a tenant leaves personal property behind, landlords must give 60 days’ written notice of their intent to dispose of it. They must store the items in a safe, clean location at the tenant’s expense. If the tenant doesn’t reclaim the property within 60 days, the landlord may dispose of it as they see fit (9 V.S.A. § 4462(c)(1)).
Renewing a Lease
As a lease term wraps up in Vermont, landlords and tenants have the flexibility to decide what comes next, whether that’s renewing, switching to a month-to-month agreement, or ending the tenancy altogether.
Notice requirements: Vermont law does not require landlords to give tenants advance notice if they don’t plan to renew a fixed-term lease once it expires. The lease simply ends on its stated termination date unless both parties agree to renew or extend it (9 V.S.A. § 4467).
Required renewals: Vermont landlords are not required to offer tenants a lease renewal. Once the lease term ends, they can choose whether to sign a new lease, allow the tenancy to continue on a month-to-month basis, or end the rental entirely, provided they follow any applicable notice rules for month-to-month agreements.
Landlord’s Access to Property
Property access can be tricky territory for landlords. Vermont law draws a clear line between emergencies, routine maintenance, and tenant privacy, setting expectations for both parties and helping them avoid disputes while maintaining the property.
Immediate access: Landlords may enter a rental unit without prior notice in emergencies, such as when immediate repairs are needed to protect the property or ensure the safety of tenants (9 V.S.A. § 4460(c)).
Notice requirements: In non-emergency situations, landlords must give tenants at least 48 hours’ notice before entering the property. Entry must take place at reasonable times (typically between 9 a.m. and 9 p.m.) and for legitimate reasons, such as repairs, inspections, or showing the unit to prospective tenants or buyers (9 V.S.A. § 4460(b)).
Harassment: Repeatedly entering the property without proper notice, or using entry as a way to intimidate or pressure a tenant, is landlord harassment under Vermont law. If a landlord abuses their right of access, the tenant may have grounds to terminate the lease or seek legal remedies.
