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

The RRAA needs that the responsibilities and rights of property managers and renters in the law are implied (made a part of) all rental agreements. Which ones are suggested in all rental arrangements? See this list of rights and responsibilities of renters and landlords. 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 suggested by the RRAA are called the "terms" of the occupancy. 9 V.S.A. § 4454.

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

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

The RRAA never ever uses the word "lease." Calling a property 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 utilize the word "lease."

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

As far as rental contracts go, calling it a lease does not guarantee that the terms can't be changed for a year. If you desire the tenancy to be for a specific amount of time, you need to get the property manager to concur.

All of the rights and commitments of the RRAA become part of the contract even without being jotted down. 9 V.S.A. § 4453. Any additional terms might not be enforceable unless you and the landlord have actually spoken about them and agreed - and then just as long as the RRAA does not restrict the contract. 9 V.S.A. § 4454.

If you have just a verbal agreement, you might "concur" to something without realizing you have actually concurred. For instance, if you consent to no holes in the walls believing that does not keep you from hanging photos, the landlord may charge you for repairing the holes from hanging your pictures.

When you are choosing to lease a home, you require to pay attention to what the property manager says.

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

Advantages for a property owner:

- The property manager could reduce the time length of advance notification needed to end the tenancy. 9 V.S.A. § 4467( c), (e).

• The proprietor might make the time length of advance notice you need to give the property manager when you wish to leave longer. 9 V.S.A. § 4456( d).
• A written rental agreement might need you to pay your property owner's lawyer's charges if an attorney is utilized to implement any part of the agreement or to evict you. (Note: If you harm the unit or disturb your neighbors and your property manager evicts you since of it, the RRAA makes you accountable for the landlord's lawyer's fees. 9 V.S.A. § 4456( e).).
• A composed rental contract can call the people who can live in the system, and keep you from letting somebody relocation in. - Note: It would be discrimination for a proprietor to evict you for having a child. 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 force out the individual who subleases your location in an "expedited hearing." ways faster than normal. 12 V.S.A. § 4853b.
  
  A composed rental agreement may help you as a tenant because:
  
  - It might guarantee that the rent will not change until a certain date.
• It can limit the quantity your rent can increase.
• It can say the length of time you can live there.
• If it isn't written in the arrangement, the property manager can't state you accepted it. Verbal contracts outside the composed agreement might not be enforceable. For instance, a written agreement can state who should spend for heating fuel or electrical power.
  
  Generally, a property manager can not charge late fees.
  
  A late charge is legal only if:
  
  - The rental arrangement says a late charge will be charged for late lease, and
  
  - The charge is only the affordable 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 property manager suggests the property owner's real additional expense due to the fact that of late lease, like extra cost in keeping the books, driving over to you, making telephone call, or composing you letters.
  
  A late charge is illegal when:
  
  - A flat charge of a particular quantity of cash if rent is paid after the lease day is generally not the proprietor's affordable expense, and so is illegal.
• Your property owner 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 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 need an accessible variation of this PDF file, we will offer it on your demand. Please utilize our website feedback type to do so.)
  
  A rental arrangement can consist of these terms:
  
  - Only individuals called in the composed rental contract (and their small kids, even if they arrive later on) can reside in the rental unit.
• Subleasing is allowed or not allowed. 9 V.S.A. § 4456b( a)( 1 ).
• Smoking is not enabled.
• Pets are not allowed. But, if you require an animal since of your disability, see our Reasonable Accommodations page.
• A description of what spaces (living area, other areas) are included.
• Rules about using common locations.
• Who is accountable for paying energy expenses.
• The responsibility to pay a set amount of rent, for a set period of time, even if the tenant chooses to leave early. (The property owner has a task to re-rent the location as quickly as possible, but the renter might owe lease till another person rents it.)
  
  You can accept a modification but you do not have to.
  
  If you or the property owner desires to change a term or condition in your rental contract, you can ask each other to agree. You or the landlord can't change the rights and commitments in the RRAA, however other parts of rental arrangements can be altered. If the rental arrangement remains in writing, modifications must be in writing.
  
  Generally for things like animals, enhancements (redecorating or upgrading home appliances or fixtures) if a single person asks, and the other concurs, then that regard to the rental agreement is changed. But if the landlord desires something, and you don't want it, then you can disagree.
  
  The examples below presume that the unit is in excellent repair, and not being harmed by the tenant:
  
  - Two months after you relocate the property manager says, "I wish to secure the tub and put in a shower." You say, "No, I like the tub." The tub becomes part of what you accepted lease, and you don't accept change it. Landlord can't remodel the bathroom.
• Or, landlord states, "I am changing my mind. You can't have a pet." You don't have to agree to eliminate your animal.
• Or you state, "I do not like the gas stove in the home. I want an electric stove." Landlord does not have to accept a brand-new range.
  
  Note: There is a difference between contracts to change something and repairs required by law. The RRAA does not enable you or your pet to cause 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 owner might desire to end the tenancy if one of you wants a modification and the other doesn't. If your rental agreement is not for a specific duration of time, either of you could 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 arrangement that states the rental contract was for a particular 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 written contract states. If it specifies the dates and does not more address what takes place when it ends, the written agreement ends, but the occupancy does not. That is due to the fact that when you relocate with the arrangement of a proprietor, the property manager must send out a notification to end the occupancy, even if there is a composed rental contract which expires. In other words, the expiration of the agreement is not enough notice to end a tenancy.
  
  A composed rental contract that ends on a particular date could include a clause that defines the length of the tenancy after that date has actually passed. It could say, for example, the occupancy continues from month to month. Or it might say if you do not vacate, the occupancy continues for another year.
  
  Whatever it says, if the property owner wants you out, they need to offer you a termination notice needed by the occupancy you have.
  
  Find out more on our Rent Increases page.
  
  A Vermont law that worked on July 1, 2018, legalized possession of as much as an ounce of marijuana and two fully grown and 4 immature plants. If you are a renter, or if you have a rental aid from a housing authority, or if you have some other type of federally helped rental subsidy, take care. Your lease and program guidelines may still make it a violation of the guidelines for you to have cannabis or cannabis plants in your rental. Your lease may also ban cigarette smoking, including cigarette smoking marijuana.
  
  The new Vermont law does not change the terms of your lease. The brand-new law does not change the program rules for renters with federal rental support. If you are not sure, check your lease or program rules or talk with your landlord or housing authority. You can also call us for help. Your details will be sent out to Legal Services Vermont, which evaluates demands for aid for both Vermont Legal Aid and Legal Services Vermont.
  
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