All agreements between a proprietor 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 writing. You and the proprietor 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 duties and rights of property owners and renters in the law are suggested (made a part of) all rental arrangements. Which ones are suggested in all rental contracts? See this list of rights and duties of occupants and property owners. For additional information on these rights and duties, visit our Rights and Duties Explained page.
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All of the agreements made by you and the landlord or implied by the RRAA are called the "terms" of the occupancy. 9 V.S.A. § 4454.

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

Any part of a rental contract 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 must be 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 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 managers and housing authorities do utilize the word "lease."

Rental arrangements can be for a period of time that is defined in the rental agreement. For instance, the contract could be 6 months or a year. During that time, all of the terms (consisting of the amount of lease) of the tenancy remain the same. Or a rental arrangement can be "month-to-month." This suggests the length of the tenancy or the amount of lease can be changed as long as you get the notification needed by the RRAA.

As far as rental arrangements go, calling it a lease does not ensure that the terms can't be changed for a year. If you desire the occupancy to be for a specific time period, you have to get the property manager to agree.

All of the rights and obligations of the RRAA become part of the arrangement even without being made a note of. 9 V.S.A. § 4453. Any extra terms may not be enforceable unless you and the proprietor have discussed them and agreed - and after that only as long as the RRAA does not forbid the arrangement. 9 V.S.A. § 4454.

If you have only a spoken contract, you may "agree" to something without realizing you have actually concurred. For example, if you agree to no holes in the walls believing that does not keep you from hanging images, the proprietor might charge you for fixing the holes from hanging your pictures.

When you are deciding to lease an apartment or condo, you need to pay attention to what the property owner states.

Because the RRAA sets out numerous rights and responsibilities of tenants and property managers, and because composed rental contracts can't change what is in the RRAA, a written rental agreement tends to have more benefits for property managers than for renters.

Advantages for a proprietor:

- The landlord might shorten the time length of advance notification needed to end the occupancy. 9 V.S.A. § 4467( c), (e).

• The property owner might make the time length of advance notice you require to give the landlord 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 an attorney is used to enforce any part of the contract or to evict you. (Note: If you harm the unit or disrupt your 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 written rental contract can call individuals who can reside in the unit, and keep you from letting somebody move in. - Note: It would be discrimination for a property manager to evict you for having a baby. 9 V.S.A. § 4503( a).
• A landlord can keep you from subleasing the location you lease, 9 V.S.A. § 4456b( a)( 1 ), and can evict the individual who subleases your place in an "expedited hearing." Expedited methods much faster than typical. 12 V.S.A. § 4853b.
  
  A written rental arrangement may help you as a renter because:
  
  - It may ensure that the rent will not change until a specific 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 contract, the landlord can't say you consented to it. Verbal agreements outside the written arrangement may not be enforceable. For instance, a written arrangement can state who should pay for heating fuel or electrical energy.
  
  Generally, a property owner can not charge late charges.
  
  A late fee is legal just if:
  
  - The rental contract says a late charge will be charged for late lease, and
  
  - The charge is only the sensible cost to the property manager because of the late payment. See Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313 (1991 ). Reasonable expenses to the property manager means the property manager's real additional cost since of late lease, like additional cost in keeping the books, driving over to you, making phone calls, or composing you letters.
  
  A late cost is illegal when:
  
  - A flat charge of a certain quantity of money if lease is paid after the lease day is typically not the property manager's sensible cost, therefore is unlawful.
• Your proprietor can not provide 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 very same as penalties and therefore, 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 variation of this PDF file, we will supply it on your demand. Please utilize our website feedback kind to do so.)
  
  A rental contract can consist of these terms:
  
  - Only the individuals named in the written rental agreement (and their small children, even if they get here later) can reside in the rental.
• Subleasing is permitted or not allowed. 9 V.S.A. § 4456b( a)( 1 ).
• Smoking is not permitted.
• Pets are not allowed. But, if you need an animal due to the fact that of your disability, see our Reasonable Accommodations page.
• A description of what areas (living space, other areas) are included.
• Rules about utilizing common areas.
• Who is responsible for paying energy .
• The obligation to pay a set quantity of lease, for a set duration of time, even if the tenant chooses to leave early. (The property owner has a duty to re-rent the location as soon as possible, however the occupant might owe rent until somebody else leases it.)
  
  You can consent to a change but you do not need to.
  
  If you or the proprietor wishes to alter a term or condition in your rental arrangement, you can ask each other to concur. You or the property owner can't alter the rights and obligations in the RRAA, however other parts of rental contracts can be changed. If the rental arrangement is in writing, changes must be in composing.
  
  Generally for things like animals, enhancements (redecorating or upgrading home appliances or fixtures) if someone asks, and the other concurs, then that regard to the rental contract is changed. But if the property owner wants something, and you do not desire it, then you can disagree.
  
  The examples below assume that the unit remains in good repair work, and not being harmed by the tenant:
  
  - Two months after you relocate the proprietor says, "I wish to get the bathtub and put in a shower." You state, "No, I like the tub." The bathtub is part of what you concurred to rent, and you do not accept alter it. Landlord can't renovate the bathroom.
• Or, proprietor states, "I am changing my mind. You can't have a family pet." You don't need to consent to get rid of your pet.
• Or you state, "I do not like the gas range in the house. I want an electrical range." Landlord does not need to accept a new stove.
  
  Note: There is a distinction between arrangements to change something and repairs 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 property owner 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 property manager might desire to end the tenancy if among you wants a change and the other does not. If your rental arrangement is not for a specific time period, either of you could provide advance notice to end the occupancy. 9 V.S.A. § 4456( d), 9 V.S.A § 4467( c)( e).
  
  Staying longer than a written contract
  
  Do you have a written rental agreement that says the rental arrangement was for a particular amount of time, for instance January 1 - December 31? If that time has expired, you may question if there is still a written rental arrangement, or exists no composed rental agreement?
  
  It depends on what the composed agreement states. If it specifies the dates and does not more address what happens when it expires, the written agreement ends, however the tenancy does not. That is because when you move in with the contract of a property manager, the landlord needs to send a notice to end the tenancy, even if there is a written rental contract which ends. In other words, the expiration of the agreement is not enough notice to end a tenancy.
  
  A composed rental agreement that ends on a particular date might include a stipulation that defines the length of the tenancy after that date has passed. It might say, for example, the tenancy continues from month to month. Or it could say if you don't vacate, the tenancy continues for another year.
  
  Whatever it states, if the landlord wants you out, they need to provide you a termination notification needed by the occupancy you have.
  
  Discover more on our Rent Increases page.
  
  A Vermont law that worked on July 1, 2018, legislated ownership of up to an ounce of cannabis and 2 mature and four 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 helped rental aid, be careful. Your lease and program rules may still make it an infraction of the rules for you to have cannabis or marijuana plants in your rental unit. Your lease might also prohibit cigarette smoking, consisting of smoking cannabis.
  
  The brand-new Vermont law does not alter the terms of your lease. The new law does not alter the program guidelines for tenants with federal rental support. If you are uncertain, inspect your lease or program guidelines or speak to your property manager or housing authority. You can also contact us for assistance. Your details will be sent out to Legal Services Vermont, which evaluates requests for assistance for both Vermont Legal Aid and Legal Services Vermont.
  
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