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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).
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