All arrangements between a landlord and an occupant are "rental agreements" according to Vermont's Residential Rental Agreements Act (RRAA). 9 V.S.A. § 4451( 8 ). The rental agreement does not need to be in composing. You and the property owner have all the rights and obligations in the law despite the fact that there is no written contract. 9 V.S.A. § 4453.

The RRAA needs that the responsibilities and rights of property managers and occupants in the law are suggested (made a part of) all rental arrangements. Which ones are indicated in all rental agreements? See this list of rights and responsibilities of renters and proprietors. For more details on these rights and duties, visit our Rights and Duties Explained page.

All of the arrangements made by you and the property manager or indicated by the RRAA are called the "terms" of the tenancy. 9 V.S.A. § 4454.

The RRAA safeguards you and requires you to do (or not do) some things. It likewise secures landlords and needs them to do (or not do) some things. The law is the exact same if you have a written or verbal rental contract. 9 V.S.A. § 4453.

Any part of a rental agreement that tries to get around the RRAA isn't legal. 9 V.S.A. § 4454. See the list of rights and responsibilities in the RRAA for what should remain in a rental agreement.

The RRAA never ever utilizes the word "lease." Calling a property rental arrangement a "lease" does not have any unique legal meaning in Vermont. Other statutes (12 V.S.A. § 4851( ejectment), 10 V.S.A. § 6201( 5 )( mobile home parks)), the courts, subsidized housing property owners and housing authorities do utilize the word "lease."

Rental agreements can be for a time period that is specified in the rental contract. For instance, the arrangement might be 6 months or a year. During that time, all of the terms (including the amount of lease) of the tenancy stay the exact same. Or a rental agreement can be "month-to-month." This implies the length of the occupancy or the quantity of rent can be altered as long as you get the notification needed by the RRAA.

As far as rental contracts go, calling it a lease does not ensure that the terms can't be changed for a year. If you want the occupancy to be for a particular time period, you have to get the landlord to concur.

All of the rights and commitments of the RRAA become part of the contract even without being jotted down. 9 V.S.A. § 4453. Any extra terms might not be enforceable unless you and the property manager have spoken about them and concurred - and after that only as long as the RRAA does not restrict the agreement. 9 V.S.A. § 4454.

If you have only a spoken arrangement, you may "concur" to something without recognizing you have actually concurred. For example, if you agree to no holes in the walls believing that does not keep you from hanging photos, the landlord may charge you for fixing the holes from hanging your pictures.

When you are deciding to rent a house, you require to pay close attention to what the property manager states.

Because the RRAA sets out many rights and responsibilities of renters and landlords, and due to the fact that composed rental agreements can't change what remains in the RRAA, a written rental arrangement tends to have more benefits for property managers than for tenants.

Advantages for a proprietor:

- The proprietor could reduce the time length of advance notification needed to end the tenancy. 9 V.S.A. § 4467( c), (e).

• The property owner could make the time length of advance notification you require to give the property manager when you desire to move out longer. 9 V.S.A. § 4456( d).
• A composed rental agreement could need you to pay your property manager's attorney's costs if an attorney is used to impose any part of the agreement or to evict you. (Note: If you damage the system or disrupt your neighbors and your proprietor evicts you due to the fact that of it, the RRAA makes you accountable for the fees. 9 V.S.A. § 4456( e).).
• A composed rental agreement can call the individuals who can live in the system, and keep you from letting someone move in. - Note: It would be discrimination for a proprietor to evict you for having a baby. 9 V.S.A. § 4503( a).
• A property manager can keep you from subleasing the location you rent, 9 V.S.A. § 4456b( a)( 1 ), and can evict the person who subleases your location in an "expedited hearing." Expedited ways much faster than typical. 12 V.S.A. § 4853b.
  
  A composed rental arrangement may help you as an occupant since:
  
  - It may ensure that the lease will not alter till a particular date.
• It can limit the quantity your rent can go up.
• It can state the length of time you can live there.
• If it isn't written in the arrangement, the property owner can't say you agreed to it. Verbal arrangements outside the composed arrangement might not be enforceable. For example, a written arrangement can say who must pay for heating fuel or electrical power.
  
  Generally, a property owner can not charge late costs.
  
  A late cost is legal only if:
  
  - The rental contract says a late charge will be charged for late lease, and
  
  - The charge is only the affordable cost to the property owner since of the late payment. See Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313 (1991 ). Reasonable expenses to the landlord implies the property owner's actual extra cost due to the fact that of late lease, like extra expense in keeping the books, driving over to you, making telephone call, or composing you letters.
  
  A late fee is illegal when:
  
  - A flat charge of a certain quantity of cash if rent is paid after the lease day is usually not the property owner's affordable expense, therefore is illegal.
• Your landlord can not offer you a lease "discount rate" for paying by a specific date. In one case, the Windham Superior Court held that incentives for early payments are the very same as penalties and thus, they are not lawfully valid. See Shapiro v. Cormier, Docket No. 220-5-12 Wmcv (Windham Super. Ct., Aug. 22, 2012). (If you require an available version of this PDF file, we will provide it on your demand. Please use our website feedback form to do so.)
  
  A rental contract can include these terms:
  
  - Only individuals named in the written rental agreement (and their minor kids, even if they show up later on) can reside in the rental system.
• Subleasing is enabled or not allowed. 9 V.S.A. § 4456b( a)( 1 ).
• Smoking is not allowed.
• Pets are not permitted. But, if you require an animal because of your impairment, see our Reasonable Accommodations page.
• A description of what spaces (home, other areas) are included.
• Rules about using common locations.
• Who is accountable for paying utility bills.
• The duty to pay a set quantity of lease, for a set period of time, even if the occupant chooses to vacate early. (The property manager has a duty to re-rent the place as quickly as possible, however the occupant may owe lease till somebody else leases it.)
  
  You can accept a change however you do not have to.
  
  If you or the proprietor wants to alter a term or condition in your rental arrangement, you can ask each other to agree. You or the landlord can't change the rights and commitments in the RRAA, however other parts of rental agreements can be changed. If the rental contract remains in composing, changes must remain in writing.
  
  Generally for things like pets, improvements (refurnishing or updating home appliances or fixtures) if someone asks, and the other agrees, then that regard to the rental agreement is changed. But if the landlord wants something, and you don't want it, then you can disagree.
  
  The examples below assume that the system remains in good repair work, and not being harmed by the occupant:
  
  - Two months after you relocate the property owner states, "I wish to get the tub and put in a shower." You state, "No, I like the bathtub." The bath tub is part of what you accepted lease, and you do not accept alter it. Landlord can't refurbish the bathroom.
• Or, landlord states, "I am altering my mind. You can't have a family pet." You don't have to concur to eliminate your family pet.
• Or you state, "I do not like the gas range in the apartment. I want an electric stove." Landlord does not have to accept a new stove.
  
  Note: There is a distinction between agreements to change something and repair work needed by law. The RRAA does not enable you or your animal to trigger damage, 9 V.S.A. § 4456( a), (c), and the RRAA needs the proprietor to keep the unit safe and clean, 9 V.S.A. § 4458. See our page about Repair Problems and Tenant's Right to Repair.
  
  You or the proprietor may want to end the tenancy if one of you wants a change and the other does not. If your rental arrangement is not for a certain period of time, either of you might offer advance notification to end the tenancy. 9 V.S.A. § 4456( d), 9 V.S.A § 4467( c)( e).
  
  Staying longer than a written agreement
  
  Do you have a written rental contract that says the rental agreement was for a specific time period, for example January 1 - December 31? If that time has expired, you may wonder if there is still a written rental arrangement, or exists no written rental agreement?
  
  It depends upon what the composed agreement says. If it states the dates and does not more address what happens when it expires, the written arrangement ends, however the occupancy does not. That is because when you move in with the arrangement of a property owner, the proprietor needs to send out a notice to end the tenancy, even if there is a composed rental contract which expires. In other words, the expiration of the contract is not enough notification to end a tenancy.
  
  A composed rental arrangement that ends on a specific date might consist of a stipulation that defines the length of the occupancy after that date has actually passed. It could say, for example, the tenancy continues from month to month. Or it could state if you don't move out, the tenancy continues for another year.
  
  Whatever it states, if the property owner wants you out, they need to give you a termination notice needed by the occupancy you have.
  
  Learn more on our Rent Increases page.
  
  A Vermont law that took effect on July 1, 2018, legalized belongings of as much as an ounce of cannabis and two fully grown and 4 immature plants. If you are an occupant, or if you have a rental subsidy from a housing authority, or if you have some other form of federally helped rental subsidy, take care. Your lease and program rules may still make it an offense of the guidelines for you to have marijuana or cannabis plants in your rental. Your lease might also ban cigarette smoking, consisting of smoking marijuana.
  
  The new Vermont law does not alter the regards to your lease. The brand-new law does not alter the program guidelines for occupants with federal rental support. If you are unsure, inspect your lease or program rules or speak to your property manager or housing authority. You can also call us for aid. Your information will be sent out to Legal Services Vermont, which screens demands for assistance for both Vermont Legal Aid and Legal Services Vermont.
  
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