Everything About Rental Agreements

All agreements in between a property manager and an occupant are "rental contracts" according to Vermont's Residential Rental Agreements Act (RRAA). 9 V.S.A. § 4451( 8 ). The rental arrangement does not have to remain in composing. You and the proprietor have all the rights and responsibilities in the law despite the fact that there is no written arrangement. 9 V.S.A. § 4453.

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

All of the agreements 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 also secures landlords and requires them to do (or not do) some things. The law is the very same if you have a written or verbal rental contract. 9 V.S.A. § 4453.

Any part of a rental agreement that tries to navigate the RRAA isn't legal. 9 V.S.A. § 4454. See the list of rights and duties in the RRAA for what must be in a rental arrangement.

The RRAA never utilizes the word "lease." Calling a domestic rental contract a "lease" does not have any special 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 managers and housing authorities do utilize the word "lease."

Rental arrangements can be for a duration of time that is specified in the rental contract. For instance, the arrangement could be six months or a year. During that time, all of the terms (consisting of the amount of lease) of the occupancy stay the very same. Or a rental arrangement can be "month-to-month." This implies the length of the tenancy or the amount of lease can be changed as long as you get the notice needed by the RRAA.

As far as rental arrangements go, calling it a lease doesn't guarantee that the terms can't be altered for a year. If you want the tenancy to be for a specific amount of time, you have to get the proprietor to concur.

All of the rights and obligations of the RRAA belong to the arrangement even without being composed down. 9 V.S.A. § 4453. Any extra terms might not be enforceable unless you and the landlord have actually spoken about them and concurred - and after that only as long as the RRAA does not prohibit the contract. 9 V.S.A. § 4454.

If you have only a spoken contract, you might "concur" to something without understanding you have concurred. For example, if you accept no holes in the walls believing that does not keep you from hanging photos, the property manager might charge you for repairing the holes from hanging your photos.

When you are deciding to lease an apartment or condo, you need to pay attention to what the proprietor says.

Because the RRAA sets out lots of rights and tasks of occupants and proprietors, and since composed rental agreements can't change what is in the RRAA, a composed rental arrangement tends to have more advantages for property owners than for tenants.

Advantages for a landlord:

- The proprietor could shorten the time length of advance notification required to end the occupancy. 9 V.S.A. § 4467( c), (e).
- The landlord could make the time length of advance notice you need to provide the proprietor when you desire to move out longer. 9 V.S.A. § 4456( d).
- A composed rental agreement could require you to pay your proprietor's attorney's fees if a lawyer is utilized to implement any part of the contract or to evict you. (Note: If you harm the system or disrupt your neighbors and your proprietor evicts you because of it, the RRAA makes you accountable for the proprietor's lawyer's fees. 9 V.S.A. § 4456( e).).
- A composed rental arrangement can name individuals who can reside in the system, and keep you from letting somebody move in. - Note: It would be discrimination for a landlord to evict you for having a child. 9 V.S.A. § 4503( a).
- A landlord can keep you from subleasing the place you rent, 9 V.S.A. § 4456b( a)( 1 ), and can evict the person who subleases your location in an "expedited hearing." Expedited means quicker than usual. 12 V.S.A. § 4853b.

A composed rental contract may assist you as a renter because:

- It may ensure that the rent will not change till a certain date.
- It can restrict the quantity your rent can go up.
- It can say the length of time you can live there.
- If it isn't composed in the arrangement, the proprietor can't say you concurred to it. Verbal agreements outside the composed agreement may not be enforceable. For instance, a written arrangement can state who need to pay for heating fuel or electricity.

Generally, a proprietor can not charge late charges.

A late charge is legal just if:

- The rental contract says a late charge will be charged for late lease, and

- The charge is only the reasonable expense to the landlord because of the late payment. See Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313 (1991 ). Reasonable expenses to the landlord indicates the property manager's real extra cost because of late rent, like extra cost in keeping the books, driving over to you, making phone calls, or writing you letters.

A late cost is not legal when:

- A flat charge of a certain amount of cash if rent is paid after the rent day is normally not the proprietor's reasonable cost, therefore is unlawful.
- Your proprietor can not use you a lease "discount rate" for paying by a specific date. In one case, the Windham Superior Court held that rewards for early payments are the same as charges and hence, they are not legally legitimate. 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 document, we will supply it on your request. Please utilize our website feedback kind to do so.)

A rental agreement can consist of these terms:

- Only the people named in the composed rental contract (and their minor children, even if they get here later) can live in the rental system.
- Subleasing is enabled or not enabled. 9 V.S.A. § 4456b( a)( 1 ).
- Smoking is not enabled.
- Pets are not enabled. But, if you need an animal since of your special needs, see our Reasonable Accommodations page.
- A description of what spaces (living area, other locations) are included.
- Rules about using common areas.
- Who is accountable for paying utility expenses.
- The obligation to pay a set quantity of rent, for a set time period, even if the occupant decides to vacate early. (The landlord has a duty to re-rent the place as quickly as possible, but the tenant may owe rent till another person leases it.)

You can accept a change however you do not have to.

If you or the property owner wishes to change a term or condition in your rental contract, you can ask each other to concur. You or the property manager can't alter the rights and responsibilities in the RRAA, but other parts of rental contracts can be altered. If the rental agreement remains in writing, changes should be in writing.

Generally for things like family pets, improvements (redecorating or updating devices or fixtures) if someone asks, and the other concurs, then that term of the rental arrangement is altered. But if the property manager desires something, and you don't want it, then you can disagree.

The examples below presume that the unit remains in great repair, and not being harmed by the occupant:

- Two months after you move in the property manager says, "I desire to secure the tub and put in a shower." You say, "No, I like the bath tub." The tub belongs to what you accepted lease, and you don't consent to change it. Landlord can't renovate the restroom.
- Or, proprietor states, "I am changing my mind. You can't have a family pet." You don't need to agree to eliminate your family pet.
- Or you say, "I don't like the gas stove in the home. I want an electrical range." Landlord doesn't have to agree to a brand-new stove.

Note: There is a distinction in between arrangements to alter something and repair work required by law. The RRAA does not permit you or your animal to trigger damage, 9 V.S.A. § 4456( a), (c), and the RRAA needs 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 wish to end the tenancy if among you desires a change and the other doesn't. If your rental agreement is not for a certain time period, either of you might give advance notification to end the tenancy. 9 V.S.A. § 4456( d), 9 V.S.A § 4467( c)( e).

Staying longer than a written arrangement

Do you have a composed rental contract that states the rental contract was for a specific amount of time, for instance January 1 - December 31? If that time has ended, you may wonder if there is still a written rental arrangement, or is there no composed rental contract?

It depends upon what the composed arrangement says. If it mentions the dates and does not more address what takes place when it expires, the written contract ends, however the tenancy does not. That is since when you relocate with the agreement of a proprietor, the landlord should send a notification to end the occupancy, even if there is a composed rental agreement which expires. To put it simply, the expiration of the contract is not enough notification to end an occupancy.

A written rental arrangement that ends on a particular date might include a stipulation that specifies the length of the tenancy after that date has passed. It could say, for instance, the occupancy continues from month to month. Or it could say if you do not leave, the tenancy continues for another year.

Whatever it says, if the property manager desires you out, they have to provide you a termination notice required by the tenancy you have.

Find out more on our Rent Increases page.

A Vermont law that took effect on July 1, 2018, legislated ownership of as much as an ounce of marijuana and two fully grown and four immature plants. If you are a renter, or if you have a rental aid from a housing authority, or if you have some other form of federally assisted rental subsidy, beware. Your lease and program guidelines may still make it an infraction of the rules for you to have cannabis or marijuana plants in your rental. Your lease may likewise ban cigarette smoking, including smoking cigarettes marijuana.

The new Vermont law does not alter the terms of your lease. The brand-new law does not change the program guidelines for renters with federal rental assistance. If you are unsure, inspect your lease or program rules or speak with your property owner or housing authority. You can also contact us for help. Your information 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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