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 arrangement does not have to be in writing. You and the property manager have all the rights and commitments in the law despite the fact that there is no written agreement. 9 V.S.A. § 4453.
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The RRAA requires that the duties and rights of property managers and tenants in the law are implied (made a part of) all rental arrangements. Which ones are implied in all rental agreements? See this list of rights and responsibilities of renters and property managers. To find out more on these rights and tasks, visit our Rights and Duties Explained page.

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

The RRAA safeguards you and needs you to do (or not do) some things. It also protects landlords and needs them to do (or not do) some things. The law is the same if you have actually a written or spoken rental contract. 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 remain in a rental contract.

The RRAA never utilizes the word "lease." Calling a domestic rental arrangement 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 property owners and housing authorities do utilize the word "lease."

Rental agreements can be for an amount of time that is defined in the rental agreement. For instance, the agreement might be 6 months or a year. During that time, all of the terms (consisting of the quantity of lease) of the occupancy stay the same. Or a rental agreement can be "month-to-month." This indicates the length of the tenancy or the quantity of rent can be altered as long as you get the notice required by the RRAA.

As far as rental arrangements go, calling it a lease doesn't ensure that the terms can't be altered for a year. If you desire the occupancy to be for a specific amount of time, you have to get the proprietor to agree.

All of the rights and obligations of the RRAA are part of the contract even without being documented. 9 V.S.A. § 4453. Any extra terms may not be enforceable unless you and the property manager have actually discussed them and agreed - and then only as long as the RRAA does not forbid the agreement. 9 V.S.A. § 4454.

If you have only a verbal contract, you may "concur" to something without recognizing you have actually agreed. For example, if you consent to no holes in the walls believing that does not keep you from hanging photos, the property owner might charge you for repairing the holes from hanging your images.

When you are deciding to lease an apartment, you need to pay very close attention to what the proprietor says.

Because the RRAA sets out lots of rights and duties of renters and property managers, and because composed rental agreements can't alter what remains in the RRAA, a composed rental contract tends to have more advantages for landlords than for renters.

Advantages for a landlord:

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

• The proprietor could make the time length of advance notification you require to give the property manager when you want to leave longer. 9 V.S.A. § 4456( d).
• A composed rental agreement might need you to pay your property manager's lawyer's costs if a lawyer is utilized to enforce any part of the agreement or to evict you. (Note: If you harm the unit or disrupt your neighbors and your landlord evicts you because of it, the RRAA makes you accountable for the proprietor's lawyer's fees. 9 V.S.A. § 4456( e).).
• A written rental agreement 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 property manager can keep you from subleasing the place you lease, 9 V.S.A. § 4456b( a)( 1 ), and can evict the person who subleases your place in an "expedited hearing." Expedited ways faster than normal. 12 V.S.A. § 4853b.
  
  A composed rental contract may assist you as a tenant because:
  
  - It may ensure that the rent won't change until a specific date.
• It can restrict the amount your rent can increase.
• It can state the length of time you can live there.
• If it isn't composed in the contract, the property manager can't say you consented to it. Verbal arrangements outside the composed agreement may not be enforceable. For example, a written agreement can say who should pay for heating fuel or electricity.
  
  Generally, a property manager can not charge late costs.
  
  A late cost is legal just if:
  
  - The rental arrangement says a late fee will be charged for late rent, and
  
  - The charge is just the sensible cost to the proprietor due to the fact that of the late payment. See Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313 (1991 ). Reasonable expenses to the property owner implies the property manager's real extra cost because of late rent, like extra expense in keeping the books, driving over to you, making call, or composing you letters.
  
  A late charge is illegal when:
  
  - A flat charge of a particular quantity of money if rent is paid after the lease day is generally not the property owner's sensible cost, and so is unlawful.
• Your landlord can not offer you a rent "discount" for paying by a particular 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 version of this PDF document, we will offer it on your demand. Please use our site feedback type to do so.)
  
  A rental contract can consist of these terms:
  
  - Only the people named in the written rental contract (and their minor children, even if they get here later on) can live in the rental.
• Subleasing is permitted or not permitted. 9 V.S.A. § 4456b( a)( 1 ).
• Smoking is not allowed.
• Pets are not enabled. But, if you require an animal since of your special needs, see our Reasonable Accommodations page.
• A description of what areas (home, other locations) are included.
• Rules about utilizing typical areas.
• Who is accountable for paying utility .
• The responsibility to pay a set amount of rent, for a set time period, even if the renter decides to vacate early. (The property manager has a responsibility to re-rent the place as quickly as possible, however the tenant may owe lease until somebody else leases it.)
  
  You can accept a modification but you don't have to.
  
  If you or the landlord wishes to alter a term or condition in your rental arrangement, you can ask each other to concur. You or the proprietor can't change the rights and obligations in the RRAA, however other parts of rental agreements can be altered. If the rental agreement is in writing, modifications should remain in composing.
  
  Generally for things like pets, improvements (refurnishing or updating devices or fixtures) if someone asks, and the other concurs, then that regard to the rental agreement is altered. But if the proprietor wants something, and you don't want it, then you can disagree.
  
  The examples listed below assume that the unit is in excellent repair, and not being damaged by the renter:
  
  - Two months after you move in the property manager states, "I wish to get the bath tub and put in a shower." You say, "No, I like the bath tub." The tub is part of what you concurred to rent, and you do not accept change it. Landlord can't refurbish the bathroom.
• Or, property owner states, "I am altering my mind. You can't have a pet." You do not have to accept eliminate your animal.
• Or you state, "I do not like the gas stove in the house. I desire an electrical stove." Landlord doesn't need to accept a brand-new range.
  
  Note: There is a difference between agreements to change something and repair work required by law. The RRAA does not permit you or your family pet to trigger damage, 9 V.S.A. § 4456( a), (c), and the RRAA needs 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 occupancy if among you desires a modification and the other does not. If your rental agreement is not for a certain duration of time, either of you could give advance notification to end the tenancy. 9 V.S.A. § 4456( d), 9 V.S.A § 4467( c)( e).
  
  Staying longer than a written agreement
  
  Do you have a written rental agreement that states the rental arrangement was for a specific amount of time, for example January 1 - December 31? If that time has ended, you may wonder if there is still a composed rental contract, or is there no written rental contract?
  
  It depends on what the composed contract says. If it specifies the dates and does not more address what takes place when it ends, the composed contract ends, but the occupancy does not. That is due to the fact that when you move in with the contract of a proprietor, the property owner needs to send a notification to end the occupancy, even if there is a composed rental arrangement which expires. To put it simply, the expiration of the contract is not adequate notice to end a tenancy.
  
  A composed rental arrangement that expires on a certain date could consist of a clause that specifies the length of the tenancy after that date has actually passed. It could say, for instance, the occupancy continues from month to month. Or it could say if you do not move out, 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 occupancy you have.
  
  Find out more on our Rent Increases page.
  
  A Vermont law that worked on July 1, 2018, legislated ownership of approximately an ounce of cannabis and 2 fully grown and four immature plants. If you are an occupant, or if you have a rental aid from a housing authority, or if you have some other type of federally helped rental aid, take care. Your lease and program rules might still make it an offense of the rules for you to have cannabis or marijuana plants in your rental. Your lease might also prohibit cigarette smoking, including smoking marijuana.
  
  The new Vermont law does not alter the terms of your lease. The new law does not alter the program rules for tenants with federal rental assistance. If you are uncertain, examine your lease or program guidelines or speak with your landlord or housing authority. You can also contact us for help. Your information will be sent out to Legal Services Vermont, which evaluates requests for aid for both Vermont Legal Aid and Legal Services Vermont.
  
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