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All agreements in between a property owner and a tenant are "rental agreements" 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 despite the fact that there is no written agreement. 9 V.S.A. § 4453.

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

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

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

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

The RRAA never uses the word "lease." Calling a residential rental arrangement 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 use the word "lease."

Rental arrangements can be for a time period that is specified in the rental agreement. For example, the contract might be 6 months or a year. During that time, all of the terms (consisting of the amount of rent) of the occupancy remain the very same. Or a rental agreement 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 required by the RRAA.

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

All of the rights and responsibilities of the RRAA become part of the contract even without being written 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 then just as long as the RRAA does not forbid the arrangement. 9 V.S.A. § 4454.

If you have only a spoken agreement, you may "concur" to something without realizing you have agreed. For example, if you consent to no holes in the walls believing that does not keep you from hanging pictures, the landlord might charge you for fixing the holes from hanging your pictures.

When you are choosing to lease an apartment or condo, you require to pay very close attention to what the landlord states.

Because the RRAA sets out many rights and tasks of renters and landlords, and due to the fact that composed rental agreements can't change what remains in the RRAA, a written rental contract tends to have more advantages for property owners than for occupants.

Advantages for a landlord:

- The proprietor could shorten the time length of advance notice required to end the occupancy. 9 V.S.A. § 4467( c), (e).

• The property manager might make the time length of advance notice you require to give the proprietor when you wish to leave longer. 9 V.S.A. § 4456( d).
• A written rental contract could require you to pay your proprietor's attorney's fees if an attorney is utilized to enforce any part of the arrangement or to evict you. (Note: If you harm the system or interrupt your next-door neighbors and your property manager evicts you because of it, the RRAA makes you responsible for the property manager's attorney's charges. 9 V.S.A. § 4456( e).).
• A composed rental arrangement can name individuals who can reside in the unit, and keep you from letting someone relocation in. - Note: It would be discrimination for a property owner to evict you for having a child. 9 V.S.A. § 4503( a).
• A proprietor can keep you from subleasing the location you lease, 9 V.S.A. § 4456b( a)( 1 ), and can force out the person who subleases your place in an "expedited hearing." Expedited methods faster than usual. 12 V.S.A. § 4853b.
  
  A written rental contract may help you as a tenant since:
  
  - It might guarantee that the lease will not change till a certain date.
• It can restrict the amount your rent can increase.
• It can say the length of time you can live there.
• If it isn't composed in the contract, the proprietor can't say you consented to it. Verbal contracts outside the composed arrangement may not be enforceable. For instance, a written arrangement can say who need to spend for heating fuel or electricity.
  
  Generally, a proprietor can not charge late costs.
  
  A late charge is legal only if:
  
  - The rental arrangement states a late fee will be charged for late rent, and
  
  - The charge is only the reasonable cost to the proprietor due to the fact that of the late payment. See Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313 (1991 ). Reasonable costs to the landlord means the landlord's real additional expense since of late rent, like additional cost in keeping the books, driving over to you, making telephone call, or composing you letters.
  
  A late cost is not legal when:
  
  - A flat charge of a specific amount of money if rent is paid after the lease day is typically not the property manager's sensible expense, therefore is illegal.
• Your proprietor can not use 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 very same as penalties and hence, they are not lawfully 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 offer it on your request. Please utilize our website feedback kind to do so.)
  
  A rental arrangement can include these terms:
  
  - Only the people called in the composed rental contract (and their small kids, even if they get here later) can reside in the rental unit.
• Subleasing is permitted or not allowed. 9 V.S.A. § 4456b( a)( 1 ).
• Smoking is not allowed.
• Pets are not permitted. But, if you need an animal because of your impairment, see our Reasonable Accommodations page.
• A description of what spaces (living area, other areas) are included.
• Rules about utilizing common locations.
• Who is responsible for paying utility bills.
• The obligation to pay a set amount of rent, for a set duration of time, even if the occupant chooses to move out early. (The property manager has a responsibility to re-rent the place as soon as possible, however the renter may owe rent up until another person rents it.)
  
  You can concur to a change but you do not have to.
  
  If you or the landlord wishes to alter a term or condition in your rental contract, you can ask each other to concur. You or the property manager can't change the rights and obligations in the RRAA, but other parts of rental contracts can be changed. If the rental agreement is in writing, changes must be in composing.
  
  Generally for things like pets, improvements (redecorating or updating devices or components) if one individual asks, and the other concurs, then that regard to the rental arrangement is altered. But if the property owner desires something, and you do not desire it, then you can disagree.
  
  The examples listed below presume that the unit is in great repair work, and not being damaged by the renter:
  
  - Two months after you move in the property manager says, "I want to get the tub and put in a shower." You state, "No, I like the bath tub." The bathtub is part of what you accepted rent, and you do not agree to alter it. Landlord can't renovate the bathroom.
• Or, property manager states, "I am altering my mind. You can't have a pet." You don't need to consent to get rid of your family pet.
• Or you say, "I do not like the gas stove in the home. I want an electrical stove." Landlord does not need to consent to a new range.
  
  Note: There is a difference between arrangements to change something and repairs needed by law. The RRAA does not permit you or your family pet to cause damage, 9 V.S.A. § 4456( a), (c), and the RRAA needs the property manager to keep the unit safe and tidy, 9 V.S.A. § 4458. See our page about Repair Problems and Tenant's Right to Repair.
  
  You or the property manager might wish to end the tenancy if one of you desires a change and the other doesn't. If your rental contract is not for a particular period of time, either of you might offer advance notification to end the occupancy. 9 V.S.A. § 4456( d), 9 V.S.A § 4467( c)( e).
  
  Staying longer than a composed arrangement
  
  Do you have a composed rental arrangement that states the rental agreement was for a certain time period, for example January 1 - December 31? If that time has expired, you may question if there is still a composed rental arrangement, or is there no written rental contract?
  
  It depends upon what the written agreement states. If it mentions the dates and does not more address what occurs when it expires, the written arrangement ends, however the occupancy does not. That is due to the fact that when you move in with the agreement of a property manager, the property manager should send out a notification to end the occupancy, even if there is a composed rental contract which expires. To put it simply, the expiration of the agreement is not enough notification to end an occupancy.
  
  A written rental arrangement that expires on a particular date could consist of a clause that defines the length of the occupancy after that date has passed. It could say, for example, the tenancy continues from month to month. Or it might say if you don't leave, the occupancy continues for another year.
  
  Whatever it says, if the property owner desires you out, they need to provide you a termination notice needed by the tenancy you have.
  
  Discover more on our Rent Increases page.
  
  A Vermont law that worked on July 1, 2018, legislated belongings of approximately an ounce of marijuana 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 assisted rental subsidy, be careful. Your lease and program guidelines might still make it an offense of the guidelines for you to have marijuana or cannabis plants in your rental. Your lease may also prohibit smoking, including cigarette marijuana.
  
  The brand-new Vermont law does not change the regards to your lease. The brand-new law does not alter the program guidelines for occupants with federal rental assistance. If you are not sure, inspect your lease or program guidelines or speak with your property manager or housing authority. You can also call us for assistance. Your info will be sent to Legal Services Vermont, which evaluates requests for help for both Vermont Legal Aid and Legal Services Vermont.
  
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