What types of rental accommodations are covered by legislation governing residential tenancies in Vermont?

Vermont landlord-tenant law sets out the rights and obligations for landlords and tenants with respect to residential rental properties, including houses, apartments, suites and similar accommodations. Tenants who rent a mobile home (as opposed to those who own their mobile home and are renting a lot) are also covered by the landlord-tenant law. The law also covers occupants of rooms in a hotel, motel or similar establishment if the person has occupied the room for at least 30 consecutive days.

What types of rental accommodations are NOT covered by this legislation?

While renters of mobile homes are covered under the landlord-tenant law, people who own their mobile home and are just renting a lot in a mobile home park are not necessarily covered. These situations are covered by the Vermont Mobile Home Park Act.

Is it necessary to have a written rental agreement?

A rental agreement can be either written or oral, however, oral agreements are more difficult to prove. A written agreement is preferable as it clearly states the terms and conditions of the tenancy.

What about a signed move-in move-out inspection report?

A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.

Can the landlord charge a deposit?

The landlord is allowed to charge a security deposit (or prepaid rent) as security against damage beyond normal wear and tear, unpaid rent or utility bills, or to cover expenses for removing belongings left behind when the tenant moves out. Outside of certain areas (such as Burlington and Barre), there is no limit on how much a landlord can charge for a security deposit. The landlord is not required to pay interest on the deposit.

The landlord must return the security deposit within 14 days from the date the tenant moves out, together with a written statement itemizing any deductions from the deposit.

Landlords in Vermont are prohibited from charging residential tenants an application fee in order to apply to rent a rental unit.

When is the landlord allowed to increase the rent?

Outside of Burlington, a landlord must give written notice of a rent increase at least 60 days before the increase takes effect. In Burlington, the notice period is 90 days. Except for subsidized housing, there is no law governing how much or how often the rent can be raised. If the tenant has a lease for a fixed term, such as 1 year, the rent cannot be raised until the end of the lease term unless the lease contains provisions for raising the rent sooner.

Can the landlord levy additional charges for late rent?

A landlord can charge a late fee if the lease provides for it. This charge may only cover the landlord's actual expenses incurred because the tenant was late with the rent. If the landlord tries to charge a late fee, the tenant has the right to insist on seeing documentation that proves the late fee is equal to the landlord's expenses.

How can a lease be terminated?

If there is no written lease or rental agreement, the law requires that the tenant must give the landlord written notice at least 1 rental payment period prior to moving out (for a month-to-month tenancy, 1 month's notice and for a week-to-week tenancy, 1 week's notice).

If a tenant rents one or more rooms in the landlord's personal residence that includes the shared use of any common living spaces, then either party may terminate the tenancy by giving written notice of at least 15 days if rent is paid monthly, and at least 7 days if rent is paid weekly.

A written lease for a fixed term does not automatically expire unless the lease specifically states that the tenancy terminates at the end of the lease period. If there is no such provision in the lease, the tenancy becomes month to month after the lease expires, and the notice period for terminating the tenancy is 1 month's written notice. Therefore, a tenant who wants to move out at the end of the lease term should give the landlord written notice at least 1 full rental period before the lease expires. Similarly, the landlord should give the tenant 60 days written notice (or 90 days if the tenant has lived in the premises for over 2 years) if the rent is paid monthly, and 21 days if the rent is paid weekly. This period may be shortened to 30 days (or 60 days for tenants of over 2 years) and 7 days, respectively, if this is provided for in the lease.

Can a tenant assign a lease or sublet the premises?

If the landlord consents in writing, the tenant can assign the lease or sublet the rental property in order to move out before the end of the lease term.

When is the landlord permitted to enter the premises?

A landlord may enter with the tenant's permission at a time that they both agree upon, and the tenant may not unreasonably withhold permission. The landlord may also enter without the tenant's permission, but only after no less than 48 hours notice, between the hours of 9:00 a.m. and 9:00 p.m. and only to (i) inspect the premises, (ii) do repairs, alterations or improvements, (iii) supply agreed upon services, or (iv) show the premises to prospective purchasers or tenants. In the case of emergency, the landlord may enter without consent or notice. The landlord must not abuse the right of entry.

On what grounds can a landlord evict a tenant?

The landlord can evict a tenant for a number of reasons:

(a) nonpayment of rent;
(b) termination of tenancy with the sale of the building;
(c) breach of rental agreement;
(d) termination of tenancy for "no cause" (if the tenant has a lease for a fixed period of time, the tenant cannot be evicted for no cause before the end of the lease unless the lease specifically allows it).

A landlord can evict a tenant at any time of year, including winter, and regardless of whether a tenant has children or is disabled, provided that the tenant has been given proper notice and legal process. If the tenant does not cure the problem within the time specified in the notice, the landlord can then proceed to try to get a court order (a writ of possession), which directs the sheriff to evict the tenant.

A landlord may not cut off utilities or necessary services, lock a tenant out or otherwise try to take possession of the premises by any means other than through the courts. The landlord is also not allowed to hold a tenant's property for unpaid rent or utility bills.

A landlord cannot increase rent, threaten eviction, cut off or reduce services as retaliation against a tenant for complaining to the landlord or to a government agency with respect to the condition of the premises, for organizing or joining a tenants' association, or otherwise availing him/herself of any other lawful rights and remedies.



The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.