All agreements in between a proprietor and a tenant are "rental contracts" according to Vermont's Residential Rental Agreements Act (RRAA). 9 V.S.A. § 4451( 8 ). The rental arrangement does not have to remain in writing. You and the proprietor have all the rights and commitments in the law although there is no written contract. 9 V.S.A. § 4453.
The RRAA requires that the tasks and rights of landlords and occupants in the law are implied (made a part of) all rental contracts. Which ones are indicated in all rental contracts? See this list of rights and duties of tenants and landlords. For additional information on these rights and tasks, visit our Rights and Duties Explained page.
All of the contracts made by you and the landlord or suggested by the RRAA are called the "terms" of the tenancy. 9 V.S.A. § 4454.
The RRAA secures you and needs you to do (or not do) some things. It likewise safeguards proprietors and needs them to do (or not do) some things. The law is the exact same if you have a written or verbal rental arrangement. 9 V.S.A. § 4453.
Any part of a rental agreement that tries 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 agreement.
The RRAA never ever utilizes the word "lease." Calling a property 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 property managers and housing authorities do use the word "lease."
Rental agreements can be for a time period that is specified in the rental agreement. For example, the agreement could be six months or a year. During that time, all of the terms (consisting of the amount of rent) of the tenancy remain the exact same. Or a rental agreement can be "month-to-month." This implies the length of the occupancy or the amount of rent can be altered as long as you get the notice required by the RRAA.
As far as rental agreements go, calling it a lease does not ensure that the terms can't be changed for a year. If you want the occupancy to be for a specific period of time, you have to get the landlord to agree.
All of the rights and commitments of the RRAA are part of the agreement even without being made a note of. 9 V.S.A. § 4453. Any additional terms may not be enforceable unless you and the property owner have actually talked about them and concurred - and then only as long as the RRAA does not forbid the arrangement. 9 V.S.A. § 4454.
If you have just a verbal contract, you might "agree" to something without understanding you have actually concurred. For instance, if you consent to no holes in the walls thinking that does not keep you from hanging images, the property owner might charge you for fixing the holes from hanging your images.
When you are deciding to lease a home, you need to pay attention to what the property manager says.
Because the RRAA sets out lots of rights and duties of renters and property owners, and since composed rental contracts can't change what is in the RRAA, a written rental agreement tends to have more advantages for property managers than for tenants.
Advantages for a property manager:
- The proprietor could 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 notice you require to give the landlord when you wish to leave longer. 9 V.S.A. § 4456( d).
- A written rental contract might need you to pay your property manager's attorney's fees if a lawyer is used to implement any part of the agreement or to evict you. (Note: If you harm the unit or disrupt your neighbors and your landlord evicts you since of it, the RRAA makes you accountable for the proprietor's attorney's charges. 9 V.S.A. § 4456( e).).
- A written rental arrangement can call individuals who can live in the unit, and keep you from letting somebody move in. - Note: It would be discrimination for a landlord to evict you for having a baby. 9 V.S.A. § 4503( a).
- A property manager can keep you from subleasing the location 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 typical. 12 V.S.A. § 4853b.
A written rental contract might assist you as a tenant because:
- It may guarantee that the lease will not change until a particular date. - It can limit the quantity your lease can go up.
- It can state the length of time you can live there.
- If it isn't composed in the agreement, the property owner can't say you concurred to it. Verbal contracts outside the composed agreement might not be enforceable. For example, a written contract can state who need to pay for heating fuel or electricity.
Generally, a landlord can not charge late costs.
A late cost is legal only if:
- The rental arrangement says a late charge will be charged for late rent, and
- The charge is just the affordable expense to the landlord because of the late payment. See Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313 (1991 ). Reasonable expenses to the proprietor indicates the proprietor's actual additional expenditure due to the fact that of late lease, like additional cost in keeping the books, driving over to you, making telephone call, or writing you letters.
A late cost is illegal when:
- A flat charge of a certain amount of money if lease is paid after the lease day is usually not the property manager's affordable expense, therefore is illegal. - Your can not offer you a rent "discount" for paying by a particular date. In one case, the Windham Superior Court held that incentives for early payments are the same as charges and therefore, they are not legally legitimate. See Shapiro v. Cormier, Docket No. 220-5-12 Wmcv (Windham Super. Ct., Aug. 22, 2012). (If you need an accessible version of this PDF document, we will provide it on your demand. Please use our site feedback form to do so.)
A rental contract can consist of these terms:
- Only the individuals named in the composed rental contract (and their minor kids, even if they get here later on) can reside in the rental. - Subleasing is permitted or not permitted. 9 V.S.A. § 4456b( a)( 1 ).
- Smoking is not allowed.
- Pets are not allowed. But, if you require an animal due to the fact that of your special needs, see our Reasonable Accommodations page.
- A description of what spaces (living space, other areas) are included.
- Rules about using typical locations.
- Who is accountable for paying energy bills.
- The responsibility to pay a set amount of lease, for a set amount of time, even if the occupant decides to move out early. (The property owner has a duty to re-rent the location as soon as possible, but the occupant might owe rent up until somebody else leases it.)
You can consent to a modification however you do not need to.
If you or the property owner wants to change a term or condition in your rental arrangement, you can ask each other to concur. You or the proprietor can't alter the rights and obligations in the RRAA, but other parts of rental agreements can be altered. If the rental agreement remains in writing, changes must be in writing.
Generally for things like pets, enhancements (redecorating or upgrading home appliances or fixtures) if someone asks, and the other agrees, then that regard to the rental contract is altered. But if the property owner desires something, and you don't desire it, then you can disagree.
The examples below assume that the unit is in great repair work, and not being harmed by the occupant:
- Two months after you move in the property owner states, "I wish to get the tub and put in a shower." You say, "No, I like the bath tub." The bath tub becomes part of what you accepted lease, and you do not agree to alter it. Landlord can't remodel the restroom. - Or, proprietor says, "I am altering my mind. You can't have an animal." You do not have to consent to eliminate your family pet.
- Or you state, "I do not like the gas range in the apartment or condo. I want an electric stove." Landlord doesn't have to agree to a new stove.
Note: There is a difference in between arrangements to alter something and repairs required by law. The RRAA does not allow you or your 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 landlord may wish to end the occupancy if among you wants a change and the other doesn't. If your rental contract is not for a particular period of time, either of you could give advance notice 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 contract was for a specific duration of time, for instance January 1 - December 31? If that time has ended, you may wonder if there is still a written rental contract, or is there no composed rental contract?
It depends upon what the composed agreement says. If it states the dates and does not further address what happens when it ends, the composed contract ends, but the occupancy does not. That is because when you move in with the contract of a proprietor, the property owner should send out a notice to end the occupancy, even if there is a written rental contract which ends. Simply put, the expiration of the agreement is not adequate notification to end an occupancy.
A composed rental contract that ends on a particular date could include a clause that defines the length of the occupancy after that date has actually passed. It could state, for instance, the tenancy continues from month to month. Or it could say if you do not leave, the occupancy continues for another year.
Whatever it says, if the proprietor wants you out, they have to provide you a termination notice required by the tenancy you have.
Learn more on our Rent Increases page.
A Vermont law that took result on July 1, 2018, legislated ownership of up to an ounce of cannabis and two mature and four immature plants. If you are an occupant, or if you have a rental subsidy from a housing authority, or if you have some other kind of federally helped rental aid, beware. Your lease and program guidelines may still make it an infraction of the rules for you to have cannabis or marijuana plants in your rental. Your lease might likewise prohibit smoking, including smoking cannabis.
The new Vermont law does not change the regards to 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 rules or talk with your landlord or housing authority. You can likewise contact us for aid. Your information will be sent to Legal Services Vermont, which evaluates demands for help for both Vermont Legal Aid and Legal Services Vermont.
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