All About Rental Agreements

All contracts in between a property owner and a renter are "rental arrangements" according to Vermont's Residential Rental Agreements Act (RRAA). 9 V.S.A. § 4451( 8 ). The rental arrangement does not have to be in composing. You and the property owner have all the rights and responsibilities in the law even though there is no written contract. 9 V.S.A. § 4453.

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

All of the agreements made by you and the landlord or suggested by the RRAA are called the "terms" of the occupancy. 9 V.S.A. § 4454.

The RRAA secures you and needs you to do (or not do) some things. It also safeguards property owners and needs them to do (or not do) some things. The law is the exact same if you have a composed or verbal rental agreement. 9 V.S.A. § 4453.

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

The RRAA never utilizes the word "lease." Calling a residential rental agreement 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 owners and housing authorities do utilize the word "lease."

Rental arrangements can be for a time period that is specified in the rental arrangement. For instance, the contract could be 6 months or a year. During that time, all of the terms (including the quantity of rent) of the occupancy stay the very same. Or a rental agreement can be "month-to-month." This suggests the length of the tenancy or the quantity of rent can be changed as long as you get the notice required by the RRAA.

As far as rental agreements go, calling it a lease doesn't ensure that the terms can't be changed for a year. If you desire the occupancy to be for a specific amount of time, you have to get the property manager to concur.

All of the rights and commitments of the RRAA are part of the arrangement even without being composed down. 9 V.S.A. § 4453. Any extra terms might not be enforceable unless you and the property owner have actually discussed them and agreed - and then just as long as the RRAA does not prohibit the arrangement. 9 V.S.A. § 4454.

If you have just a spoken arrangement, you might "concur" to something without recognizing you have agreed. For instance, if you consent to no holes in the walls thinking that does not keep you from hanging photos, the property manager may charge you for fixing the holes from hanging your pictures.

When you are deciding to lease an apartment, you require to pay attention to what the property manager states.

Because the RRAA sets out many rights and responsibilities of renters and proprietors, and because composed rental agreements can't change what remains in the RRAA, a composed rental arrangement tends to have more advantages for property owners than for renters.

Advantages for a property manager:

- The property owner might reduce the time length of advance notification needed to end the tenancy. 9 V.S.A. § 4467( c), (e).
- The landlord could make the time length of advance notice you require to offer the landlord when you wish to vacate longer. 9 V.S.A. § 4456( d).
- A composed rental agreement could require you to pay your property manager's attorney's charges if a legal representative is utilized to implement any part of the contract or to evict you. (Note: If you harm the system or disrupt your next-door neighbors and your property owner evicts you due to the fact that of it, the RRAA makes you responsible for the property manager's attorney's costs. 9 V.S.A. § 4456( e).).
- A composed rental agreement can name 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 an infant. 9 V.S.A. § 4503( a).
- A proprietor can keep you from subleasing the place you lease, 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 arrangement may help you as a tenant due to the fact that:

- It might ensure that the lease won't alter up until a certain date.
- It can limit the amount your rent can go up.
- It can say the length of time you can live there.
- If it isn't composed in the contract, the property owner can't state you concurred to it. Verbal arrangements outside the composed arrangement may not be enforceable. For instance, a written contract can state who should spend for heating fuel or electricity.

Generally, a landlord can not charge late charges.

A late fee is legal just if:

- The rental arrangement states a late cost will be charged for late rent, and

- The charge is just the reasonable expense to the property manager because of the late payment. See Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313 (1991 ). Reasonable costs to the property manager suggests the property manager's actual extra expense since of late lease, like additional 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 specific quantity of cash if lease is paid after the rent day is usually not the property manager's reasonable cost, and so is unlawful.
- Your property manager can not offer you a lease "discount rate" for paying by a particular date. In one case, the Windham Superior Court held that incentives for early payments are the very 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 need an available variation of this PDF document, we will offer it on your request. Please use our site feedback form to do so.)

A rental arrangement can consist of these terms:

- Only individuals named in the composed rental contract (and their minor kids, even if they show up later) can live in the rental system.
- Subleasing is enabled or not enabled. 9 V.S.A. § 4456b( a)( 1 ).
- Smoking is not allowed.
- Pets are not enabled. But, if you need an animal due to the fact that of your impairment, see our Reasonable Accommodations page.
- A description of what spaces (living space, other areas) are consisted of.
- Rules about using typical areas.
- Who is accountable for paying energy costs.
- The duty to pay a set quantity of lease, for a set duration of time, even if the tenant chooses to leave early. (The landlord has a duty to re-rent the place as quickly as possible, but the tenant might owe rent till somebody else rents it.)

You can accept a change but you don't have to.

If you or the landlord wishes to change a term or condition in your rental arrangement, you can ask each other to agree. You or the property manager can't alter the rights and commitments in the RRAA, but other parts of rental arrangements can be changed. If the rental contract is in writing, modifications must remain in composing.

Generally for things like pets, enhancements (redecorating or upgrading home appliances or components) if a single person asks, and the other agrees, then that regard to the rental arrangement is altered. But if the property owner wants something, and you do not desire it, then you can disagree.

The examples listed below assume that the unit remains in great repair work, and not being harmed by the renter:

- Two months after you move in the property manager states, "I wish to take out the bathtub and put in a shower." You state, "No, I like the bathtub." The tub belongs to what you accepted rent, and you do not concur to change it. Landlord can't remodel the bathroom.
- Or, landlord says, "I am changing my mind. You can't have an animal." You do not have to agree to eliminate your family pet.
- Or you say, "I don't like the gas stove in the apartment or condo. I desire an electrical stove." Landlord doesn't have to accept a brand-new range.

Note: There is a difference in between agreements to change something and repair work needed 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 property manager to keep the system safe and tidy, 9 V.S.A. § 4458. See our page about Repair Problems and Tenant's Right to Repair.

You or the property owner might desire to end the occupancy if among you wants a change and the other does not. If your rental contract is not for a certain duration of time, either of you might give advance notification to end the occupancy. 9 V.S.A. § 4456( d), 9 V.S.A § 4467( c)( e).

Staying longer than a composed contract

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

It depends on what the composed contract says. If it mentions the dates and does not additional address what happens when it expires, the composed arrangement ends, but the occupancy does not. That is because when you move in with the agreement of a property manager, the property manager needs to send a notice to end the tenancy, even if there is a written rental agreement which ends. Simply put, the expiration of the agreement is not sufficient notice to end an occupancy.

A written rental contract that expires on a specific date could include a clause that defines the length of the tenancy after that date has passed. It could say, for instance, the tenancy continues from month to month. Or it might say if you don't move out, the tenancy continues for another year.

Whatever it states, if the landlord desires you out, they need to provide you a termination notification needed by the occupancy you have.

Find out more on our Rent Increases page.

A Vermont law that took result on July 1, 2018, legalized belongings of up to an ounce of marijuana and 2 mature and four immature plants. If you are an occupant, or if you have a rental subsidy from a housing authority, or if you have some other type of federally assisted rental subsidy, be mindful. Your lease and program guidelines may still make it a violation of the rules for you to have marijuana or marijuana plants in your rental. Your lease may also ban cigarette smoking, including cigarette smoking marijuana.

The brand-new Vermont law does not change the terms of your lease. The new law does not change the program guidelines for renters with federal rental support. If you are unsure, examine your lease or program guidelines or speak to your landlord or housing authority. You can also call us for assistance. Your information will be sent out to Legal Services Vermont, which screens requests for assistance for both Vermont Legal Aid and Legal Services Vermont.

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