All contracts between a proprietor and a tenant are "rental arrangements" according to Vermont's Residential Rental Agreements Act (RRAA). 9 V.S.A. § 4451( 8 ). The rental contract does not need to be in writing. You and the property manager have all the rights and commitments in the law even though there is no written agreement. 9 V.S.A. § 4453.
The RRAA needs that the responsibilities and rights of proprietors and occupants in the law are indicated (made a part of) all rental agreements. Which ones are implied in all rental contracts? See this list of rights and responsibilities of occupants and property managers. To find out more on these rights and responsibilities, visit our Rights and Duties Explained page.
All of the arrangements made by you and the property manager or implied by the RRAA are called the "terms" of the tenancy. 9 V.S.A. § 4454.
The RRAA secures you and needs you to do (or not do) some things. It also safeguards proprietors and requires them to do (or not do) some things. The law is the very same if you have actually a written or spoken rental arrangement. 9 V.S.A. § 4453.
Any part of a rental contract that attempts to navigate the RRAA isn't legal. 9 V.S.A. § 4454. See the list of rights and tasks in the RRAA for what should remain in a rental agreement.
The RRAA never uses the word "lease." Calling a residential rental contract a "lease" does not have any unique legal significance 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 use the word "lease."
Rental arrangements can be for a period of time that is defined in the rental contract. For example, the agreement might be 6 months or a year. During that time, all of the terms (including the quantity of rent) of the tenancy stay the same. Or a rental contract can be "month-to-month." This indicates the length of the tenancy or the quantity of lease can be changed as long as you get the notification needed by the RRAA.
As far as rental contracts go, calling it a lease doesn't guarantee that the terms can't be altered for a year. If you desire the tenancy to be for a specific duration of time, you need to get the landlord to concur.
All of the rights and responsibilities of the RRAA are part of the arrangement even without being made a note of. 9 V.S.A. § 4453. Any additional terms might not be enforceable unless you and the property manager have actually talked about them and concurred - and then only as long as the RRAA does not forbid the agreement. 9 V.S.A. § 4454.
If you have only a spoken agreement, you might "concur" to something without realizing you have agreed. For example, if you concur to no holes in the walls believing that does not keep you from hanging images, the landlord may charge you for repairing the holes from hanging your pictures.
When you are deciding to rent an apartment, you need to pay very close attention to what the proprietor states.
Because the RRAA sets out numerous rights and duties of occupants and landlords, and since composed rental agreements can't alter what is in the RRAA, a written rental agreement tends to have more benefits for property owners than for renters.
Advantages for a property owner:
- The landlord might reduce the time length of advance notice needed to end the occupancy. 9 V.S.A. § 4467( c), (e).
- The property manager could make the time length of advance notification you require to offer the property manager when you wish to leave longer. 9 V.S.A. § 4456( d).
- A composed rental arrangement might require you to pay your property manager's lawyer's costs if a legal representative is utilized to impose any part of the contract or to evict you. (Note: If you harm the system or disrupt your next-door neighbors and your property manager evicts you because of it, the RRAA makes you responsible for the property owner's lawyer's fees. 9 V.S.A. § 4456( e).).
- A composed rental contract can name individuals who can live in the unit, and keep you from letting someone relocation in. - Note: It would be discrimination for a proprietor to evict you for having an infant. 9 V.S.A. § 4503( a).
- A proprietor can keep you from subleasing the place you rent, 9 V.S.A. § 4456b( a)( 1 ), and can kick out the person who subleases your place in an "expedited hearing." Expedited ways much faster than usual. 12 V.S.A. § 4853b.
A composed rental agreement might assist you as a renter since:
- It might ensure that the rent will not alter till a specific date. - It can restrict the amount your lease can .
- It can say the length of time you can live there.
- If it isn't composed in the agreement, the property owner can't state you consented to it. Verbal agreements outside the written contract might not be enforceable. For instance, a written arrangement can state who need to spend for heating fuel or electrical power.
Generally, a landlord can not charge late fees.
A late charge is legal only if:
- The rental agreement says a late cost will be charged for late lease, and
- The charge is only the reasonable cost to the landlord due to the fact that of the late payment. See Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313 (1991 ). Reasonable costs to the landlord implies the landlord's actual additional cost because of late lease, like extra expense in keeping the books, driving over to you, making telephone call, or composing you letters.
A late cost is illegal when:
- A flat charge of a specific quantity of cash if lease is paid after the lease day is typically not the proprietor's sensible expense, therefore is prohibited. - Your landlord can not provide you a rent "discount" for paying by a specific date. In one case, the Windham Superior Court held that rewards for early payments are the exact same as penalties and therefore, they are not legally valid. See Shapiro v. Cormier, Docket No. 220-5-12 Wmcv (Windham Super. Ct., Aug. 22, 2012). (If you need an available variation of this PDF document, we will supply it on your request. Please use our website feedback kind to do so.)
A rental arrangement can consist of these terms:
- Only individuals named in the written rental agreement (and their minor children, even if they get here later) can reside in the rental. - Subleasing is permitted or not permitted. 9 V.S.A. § 4456b( a)( 1 ).
- Smoking is not enabled.
- Pets are not enabled. But, if you need an animal since of your disability, see our Reasonable Accommodations page.
- A description of what spaces (home, other areas) are included.
- Rules about utilizing common locations.
- Who is accountable for paying utility costs.
- The responsibility to pay a set quantity of lease, for a set duration of time, even if the renter chooses to move out early. (The landlord has a duty to re-rent the place as quickly as possible, but the tenant might owe lease till somebody else leases it.)
You can consent to a modification however you don't need to.
If you or the landlord wishes to alter a term or condition in your rental arrangement, you can ask each other to concur. You or the landlord can't alter the rights and responsibilities in the RRAA, but other parts of rental contracts can be altered. If the rental contract is in writing, modifications need to remain in writing.
Generally for things like pets, improvements (refurnishing or upgrading appliances or components) if someone asks, and the other agrees, then that term of the rental agreement is changed. But if the landlord desires something, and you don't desire it, then you can disagree.
The examples listed below assume that the system is in great repair work, and not being harmed by the tenant:
- Two months after you move in the property owner states, "I wish to take out the tub and put in a shower." You say, "No, I like the bathtub." The bathtub is part of what you concurred to rent, and you don't concur to alter it. Landlord can't remodel the bathroom. - Or, proprietor states, "I am altering my mind. You can't have an animal." You do not have to accept get rid of your family pet.
- Or you say, "I do not like the gas range in the apartment. I want an electrical range." Landlord does not need to accept a new range.
Note: There is a difference between agreements to alter something and repair work needed by law. The RRAA does not enable you or your animal to cause damage, 9 V.S.A. § 4456( a), (c), and the RRAA requires the proprietor to keep the system safe and clean, 9 V.S.A. § 4458. See our page about Repair Problems and Tenant's Right to Repair.
You or the property manager may want to end the tenancy if one of you wants a change and the other doesn't. If your rental agreement is not for a particular amount of time, either of you might provide advance notification to end the tenancy. 9 V.S.A. § 4456( d), 9 V.S.A § 4467( c)( e).
Staying longer than a composed agreement
Do you have a written rental arrangement that says the rental agreement was for a certain amount of time, for example January 1 - December 31? If that time has ended, you may wonder if there is still a composed rental contract, or is there no written rental agreement?
It depends on what the composed contract says. If it mentions the dates and does not more address what happens when it ends, the composed arrangement ends, however the tenancy does not. That is because when you move in with the agreement of a landlord, the landlord should send a notice to end the tenancy, even if there is a written rental agreement which expires. In other words, the expiration of the arrangement is not enough notice to end an occupancy.
A written rental arrangement that ends on a specific date might consist of a provision that defines the length of the occupancy after that date has passed. It might state, for example, the tenancy continues from month to month. Or it could state if you don't move out, the occupancy continues for another year.
Whatever it says, if the property manager desires you out, they need to give you a termination notice required by the tenancy you have.
Learn more on our Rent Increases page.
A Vermont law that took effect on July 1, 2018, legalized ownership of as much as an ounce of marijuana and 2 fully grown and 4 immature plants. If you are a tenant, or if you have a rental subsidy from a housing authority, or if you have some other type of federally assisted rental aid, take care. Your lease and program rules may still make it a violation of the guidelines for you to have marijuana or cannabis plants in your rental. Your lease may also prohibit cigarette smoking, consisting of smoking cigarettes cannabis.
The brand-new Vermont law does not alter the regards to your lease. The brand-new law does not alter the program rules for renters with federal rental help. If you are unsure, examine your lease or program rules or speak to your landlord or housing authority. You can also call us for assistance. Your info will be sent out to Legal Services Vermont, which evaluates demands for help for both Vermont Legal Aid and Legal Services Vermont.
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