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

The RRAA needs that the duties and rights of landlords and renters in the law are implied (made a part of) all rental contracts. Which ones are implied in all rental agreements? See this list of rights and responsibilities of tenants and landlords. For more details on these rights and responsibilities, visit our Rights and Duties Explained page.

All of the agreements made by you and the property manager or implied by the RRAA are called the "terms" of the occupancy. 9 V.S.A. § 4454.

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

Any part of a rental arrangement that attempts to navigate 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 arrangement.

The RRAA never uses 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 proprietors and housing authorities do utilize the word "lease."

Rental contracts can be for a time period that is specified in the rental contract. For instance, the arrangement could be six months or a year. During that time, all of the terms (including the quantity of rent) of the occupancy stay the same. Or a rental contract can be "month-to-month." This implies the length of the tenancy or the quantity of rent can be changed as long as you get the notification needed by the RRAA.

As far as rental agreements go, calling it a lease doesn't guarantee that the terms can't be changed for a year. If you desire the occupancy to be for a specific amount of time, you need to get the property owner to agree.

All of the rights and responsibilities of the RRAA become part of the arrangement even without being written down. 9 V.S.A. § 4453. Any extra terms might not be enforceable unless you and the landlord have actually spoken about them and agreed - and after that just as long as the RRAA does not prohibit the contract. 9 V.S.A. § 4454.

If you have just a verbal arrangement, you might "concur" to something without understanding you have actually concurred. For example, if you accept no holes in the walls believing that does not keep you from hanging photos, the proprietor might charge you for repairing the holes from hanging your images.

When you are choosing to rent an apartment or condo, you need to pay attention to what the property manager states.

Because the RRAA sets out many rights and duties of tenants and landlords, and because written rental contracts can't alter what is in the RRAA, a written rental agreement tends to have more advantages for property owners than for occupants.

Advantages for a proprietor:

- The landlord could reduce the time length of advance notice required to end the occupancy. 9 V.S.A. § 4467( c), (e).

  • The proprietor might make the time length of advance notification you need to offer the proprietor when you wish to vacate longer. 9 V.S.A. § 4456( d).
  • A composed rental contract could need you to pay your landlord's lawyer's charges if a legal representative is utilized to implement any part of the agreement or to evict you. (Note: If you damage the system or disrupt your neighbors and your property owner evicts you since of it, the RRAA makes you responsible for the property manager's lawyer's charges. 9 V.S.A. § 4456( e).).
  • A composed rental agreement can name the people who can live in the system, and keep you from letting someone move in. - Note: It would be discrimination for a property owner to evict you for having an infant. 9 V.S.A. § 4503( a).
  • A property manager can keep you from subleasing the location you rent, 9 V.S.A. § 4456b( a)( 1 ), and can force out the individual who subleases your place in an "expedited hearing." Expedited means quicker than usual. 12 V.S.A. § 4853b.

    A written rental contract may help you as a renter because:

    - It may guarantee that the rent will not change up until a certain date.
  • It can limit the your rent can go up.
  • It can state the length of time you can live there.
  • If it isn't composed in the arrangement, the landlord can't state you consented to it. Verbal arrangements outside the written contract may not be enforceable. For example, a written contract can say who need to pay for heating fuel or electrical power.

    Generally, a proprietor can not charge late costs.

    A late cost is legal just if:

    - The rental contract states a late cost will be charged for late rent, and

    - The charge is just the reasonable expense to the landlord because of the late payment. See Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313 (1991 ). Reasonable expenses to the property manager means the property manager's actual extra cost because of late lease, like additional expense in keeping the books, driving over to you, making call, or composing you letters.

    A late charge is not legal when:

    - A flat charge of a specific amount of cash if rent is paid after the rent day is normally not the proprietor's sensible cost, and so is unlawful.
  • Your property owner can not provide you a rent "discount rate" for paying by a particular date. In one case, the Windham Superior Court held that rewards for early payments are the exact same as charges and thus, they are not legally valid. See Shapiro v. Cormier, Docket No. 220-5-12 Wmcv (Windham Super. Ct., Aug. 22, 2012). (If you require an accessible version of this PDF document, we will supply it on your demand. Please use our site feedback form to do so.)

    A rental agreement can include these terms:

    - Only individuals called in the composed rental arrangement (and their small children, even if they show up later) can reside in the rental.
  • Subleasing is enabled or not permitted. 9 V.S.A. § 4456b( a)( 1 ).
  • Smoking is not enabled.
  • Pets are not allowed. But, if you require an animal due to the fact that of your disability, see our Reasonable Accommodations page.
  • A description of what areas (living area, other locations) are consisted of.
  • Rules about using common areas.
  • Who is responsible for paying energy expenses.
  • The duty to pay a set amount of lease, for a set period of time, even if the tenant decides to vacate early. (The property manager has a task to re-rent the place as quickly as possible, however the occupant may owe rent up until another person rents it.)

    You can agree to a change but you do not have to.

    If you or the property owner wants to alter a term or condition in your rental arrangement, you can ask each other to concur. You or the landlord can't change 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 family pets, enhancements (refurnishing or upgrading appliances or components) if a single person asks, and the other concurs, then that regard to the rental arrangement is changed. But if the proprietor wants something, and you don't desire it, then you can disagree.

    The examples listed below presume that the system is in good repair, and not being damaged by the renter:

    - Two months after you move in the proprietor says, "I wish to get the bath tub and put in a shower." You state, "No, I like the bath tub." The bath tub is part of what you agreed to lease, and you don't consent to change it. Landlord can't refurbish the restroom.
  • Or, proprietor says, "I am altering my mind. You can't have a family pet." You do not have to consent to get rid of your animal.
  • Or you state, "I do not like the gas stove in the apartment. I desire an electric stove." Landlord doesn't need to accept a new range.

    Note: There is a difference in between arrangements to change something and repairs needed by law. The RRAA does not allow you or your family pet to cause damage, 9 V.S.A. § 4456( a), (c), and the RRAA requires the landlord to keep the system safe and tidy, 9 V.S.A. § 4458. See our page about Repair Problems and Tenant's Right to Repair.

    You or the property manager may wish to end the occupancy if among you wants a change and the other does not. If your rental arrangement is not for a certain amount of time, either of you might offer advance notification to end the tenancy. 9 V.S.A. § 4456( d), 9 V.S.A § 4467( c)( e).

    Staying longer than a composed contract

    Do you have a composed rental agreement that states the rental arrangement was for a certain period of time, for example January 1 - December 31? If that time has expired, you may question if there is still a written rental arrangement, or is there no written rental arrangement?

    It depends on what the composed agreement says. If it specifies the dates and does not further address what occurs when it expires, the written agreement ends, but the tenancy does not. That is because when you move in with the contract of a landlord, the proprietor needs to send out a notice to end the tenancy, even if there is a written rental agreement which ends. In other words, the expiration of the contract is not adequate notification to end an occupancy.

    A composed rental agreement that ends on a specific date could consist of a clause 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 state if you don't leave, the occupancy continues for another year.

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

    Learn more on our Rent Increases page.

    A Vermont law that worked on July 1, 2018, legislated ownership of up to 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 kind of federally assisted rental subsidy, take care. Your lease and program rules may still make it a violation of the guidelines for you to have cannabis or cannabis plants in your rental unit. Your lease may also ban smoking, including smoking marijuana.

    The new Vermont law does not alter the regards to your lease. The brand-new law does not change the program rules for tenants with federal rental support. If you are uncertain, examine your lease or program rules or talk to your landlord or housing authority. You can also call us for aid. Your info will be sent to Legal Services Vermont, which screens requests for help for both Vermont Legal Aid and Legal Services Vermont.

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