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Everything About Rental Agreements

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All arrangements in between a property manager and a tenant are "rental arrangements" according to Vermont's Residential Rental Agreements Act (RRAA). 9 V.S.A. § 4451( 8 ). The rental agreement does not have to remain in writing. You and the landlord have all the rights and obligations in the law although there is no written contract. 9 V.S.A. § 4453.
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The RRAA requires that the responsibilities and rights of property managers and occupants in the law are implied (made a part of) all rental arrangements. Which ones are indicated in all rental contracts? See this list of rights and duties of tenants and landlords. To find out more on these rights and tasks, visit our Rights and Duties Explained page.


All of the agreements made by you and the property owner 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 likewise safeguards property managers and requires 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 duties in the RRAA for what need to remain in a rental contract.


The RRAA never ever utilizes the word "lease." Calling a domestic rental agreement a "lease" does not have any unique 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 proprietors and housing authorities do utilize the word "lease."


Rental contracts can be for a time period that is defined in the rental contract. For instance, the agreement might be 6 months or a year. During that time, all of the terms (including the amount of rent) of the tenancy remain the very same. Or a rental arrangement can be "month-to-month." This indicates the length of the occupancy or the amount of rent can be altered as long as you get the notification needed by the RRAA.


As far as rental arrangements go, calling it a lease does not guarantee that the terms can't be altered for a year. If you desire the tenancy to be for a particular time period, you need to get the property manager to concur.


All of the rights and obligations of the RRAA are part of the contract even without being composed down. 9 V.S.A. § 4453. Any additional terms may not be enforceable unless you and the proprietor have actually talked about them and concurred - and after that only as long as the RRAA does not restrict the contract. 9 V.S.A. § 4454.


If you have just a spoken agreement, you might "concur" to something without understanding you have agreed. For instance, if you accept no holes in the walls believing that does not keep you from hanging pictures, the landlord may charge you for repairing the holes from hanging your pictures.


When you are deciding to lease a home, you require to pay attention to what the landlord states.


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


Advantages for a landlord:


- The property manager might shorten the time length of advance notification required to end the tenancy. 9 V.S.A. § 4467( c), (e).
- The property owner could make the time length of advance notification you need to give the property owner when you wish to move out longer. 9 V.S.A. § 4456( d).
- A written rental arrangement could need you to pay your property owner's lawyer's charges if a lawyer is used to impose any part of the arrangement or to evict you. (Note: If you damage the system or disturb your neighbors and your landlord evicts you since of it, the RRAA makes you responsible for the property manager's lawyer's costs. 9 V.S.A. § 4456( e).).
- A composed rental agreement can name individuals who can reside in the unit, and keep you from letting someone 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 rent, 9 V.S.A. § 4456b( a)( 1 ), and can evict the person who subleases your location in an "expedited hearing." Expedited means much faster than normal. 12 V.S.A. § 4853b.


A composed rental contract may assist you as a tenant since:


- It may ensure that the rent won't alter up until a specific date.
- It can limit the amount your lease can increase.
- It can say the length of time you can live there.
- If it isn't written in the arrangement, the proprietor can't say you agreed to it. Verbal agreements outside the written contract may not be enforceable. For instance, a written arrangement can say who need to spend for heating fuel or electrical energy.


Generally, a property owner can not charge late fees.


A late cost is legal only if:


- The rental arrangement says a late charge will be charged for late rent, and


- The charge is only the reasonable expense to the proprietor since of the late payment. See Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313 (1991 ). Reasonable expenses to the property manager implies the landlord's actual extra expense because of late rent, like extra cost in keeping the books, driving over to you, making phone calls, or writing you letters.


A late fee is not legal when:


- A flat charge of a specific amount of cash if rent is paid after the rent day is typically not the proprietor's affordable expense, and so is illegal.
- Your property owner can not provide you a lease "discount" for paying by a particular date. In one case, the Windham Superior Court held that rewards for early payments are the exact same as penalties and thus, they are not legally valid. See Shapiro v. Cormier, Docket No. 220-5-12 Wmcv (. Ct., Aug. 22, 2012). (If you need an accessible variation of this PDF file, we will offer it on your request. Please use our site feedback kind to do so.)


A rental contract can include these terms:


- Only individuals named in the composed rental arrangement (and their small kids, even if they show up later) can reside in the rental unit.
- Subleasing is permitted or not enabled. 9 V.S.A. § 4456b( a)( 1 ).
- Smoking is not permitted.
- Pets are not allowed. But, if you require an animal since of your disability, see our Reasonable Accommodations page.
- A description of what spaces (home, other areas) are included.
- Rules about using typical locations.
- Who is accountable for paying energy expenses.
- The duty to pay a set quantity of lease, for a set duration of time, even if the renter decides to leave early. (The property manager has a task to re-rent the place as quickly as possible, but the renter may owe rent till another person leases it.)


You can consent to a change however 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 owner can't change the rights and responsibilities in the RRAA, but other parts of rental contracts can be changed. If the rental agreement is in writing, modifications ought to be in composing.


Generally for things like pets, enhancements (redecorating or upgrading appliances or fixtures) if one person asks, and the other concurs, then that term of the rental agreement is changed. But if the landlord wants something, and you don't desire it, then you can disagree.


The examples below assume that the system is in great repair work, and not being damaged by the occupant:


- Two months after you move in the landlord says, "I desire to get the bathtub and put in a shower." You state, "No, I like the bathtub." The tub becomes part of what you concurred to rent, and you don't consent to change it. Landlord can't refurbish the bathroom.
- Or, property manager says, "I am altering my mind. You can't have a family pet." You do not have to consent to eliminate your animal.
- Or you state, "I don't like the gas stove in the apartment. I want an electric range." Landlord doesn't need to concur to a new stove.


Note: There is a distinction in between contracts to alter something and repairs required by law. The RRAA does not allow you or your family pet to trigger damage, 9 V.S.A. § 4456( a), (c), and the RRAA requires 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 landlord might wish to end the occupancy if one of you wants a modification and the other does not. If your rental contract is not for a particular time period, either of you might 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 composed rental agreement that says the rental contract was for a specific time period, for example January 1 - December 31? If that time has expired, you may question if there is still a composed rental contract, or is there no written rental agreement?


It depends on what the written agreement states. If it mentions the dates and does not more address what happens when it expires, the composed contract ends, but the tenancy does not. That is due to the fact that when you move in with the agreement of a property owner, the proprietor must send out a notice to end the occupancy, even if there is a composed rental agreement which expires. To put it simply, the expiration of the arrangement is not adequate notification to end a tenancy.


A written rental arrangement that expires on a certain date might consist of a stipulation that defines the length of the tenancy after that date has passed. It might state, for instance, the tenancy continues from month to month. Or it might say if you don't vacate, the occupancy continues for another year.


Whatever it says, if the property owner wants you out, they need to provide you a termination notification required by the occupancy you have.


Discover more on our Rent Increases page.


A Vermont law that worked on July 1, 2018, legalized possession of approximately an ounce of cannabis and 2 mature and 4 immature plants. If you are an occupant, or if you have a rental subsidy from a housing authority, or if you have some other form of federally assisted rental subsidy, take care. Your lease and program rules may still make it an infraction of the guidelines for you to have cannabis or cannabis plants in your rental system. Your lease may also ban smoking, including smoking cigarettes cannabis.


The brand-new Vermont law does not alter the terms of your lease. The new law does not change the program guidelines for renters with federal rental support. If you are unsure, check your lease or program rules or speak with your property owner 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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All About Rental Agreements



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