Vermont Residential Lease Agreement

Important Information for Vermont Landlords

Vermont Rental Law Highlights

Security Deposits (9 V.S.A. § 4461)

• Maximum Amount: No statutory limit (market determines)
• Return Timeline: 14 days after tenant vacates (9 V.S.A. § 4461(b)) – one of shortest in nation
• Itemized Statement: Required if any deductions are made, with specific reasons
• Interest Required: No statutory requirement to pay interest
• Move-In Inspection: Strongly recommended to document condition
• Normal Wear and Tear: Cannot deduct for ordinary deterioration
• Penalties: Double the security deposit as liquidated damages if wrongfully withheld (9 V.S.A. § 4461(d))

Rent and Rent Increases (9 V.S.A. § 4455, 4456)

• Grace Period: No statutory grace period required
• Late Fees: Must be reasonable; typically stated in lease
• Rent Increase Notice: 60 days written notice for month-to-month tenancies (9 V.S.A. § 4455(d)) – longer than most states
• Fixed Term: Cannot increase rent during lease term unless specified
• No Rent Control: Vermont does not have rent control laws

Required Disclosures (9 V.S.A. § 4456, 4457, 4458)

• Lead paint disclosure (pre-1978 properties) – Federal requirement
• Landlord’s name and address or authorized agent (9 V.S.A. § 4456(a))
• Tenant Rights and Duties handbook (9 V.S.A. § 4456(c)) – required
• Rental agreement terms in writing (9 V.S.A. § 4456(b))
• Bedbug disclosure and history (9 V.S.A. § 4456a)
• Smoke detector and carbon monoxide detector information
• Move-in condition documentation (strongly recommended)
• Energy efficiency information (recommended)

Eviction and Termination (9 V.S.A. § 4467, 4467a)

• 14-Day Notice: For nonpayment of rent (9 V.S.A. § 4467(b))
• 30-Day Notice: For lease violations (9 V.S.A. § 4467(a))
• 60-Day Notice: To terminate month-to-month tenancy without cause (9 V.S.A. § 4467(c))
• Court Process Required: Must file eviction action in superior court
• No Self-Help: Lockouts and utility shutoffs are illegal (9 V.S.A. § 4463)
• Winter Eviction Moratorium: Limited evictions during heating season (October 1 – April 1) for nonpayment if tenant applies for assistance

Landlord Obligations (9 V.S.A. § 4457, 4458)

• Habitability: Must maintain premises in fit and habitable condition (9 V.S.A. § 4457)
• Essential Services: Heat (at least 65°F September 21 – May 31), water, hot water, electricity must be functional (9 V.S.A. § 4458)
• Compliance: Must comply with applicable building and housing codes (9 V.S.A. § 4457)
• Structural Integrity: Maintain in safe condition
• Smoke Detectors: Required in all dwelling units (20 V.S.A. § 2731)
• Carbon Monoxide Detectors: Required in units with fuel-burning appliances (20 V.S.A. § 2737)
• Common Areas: Keep clean and in good repair
• Repairs: Make necessary repairs within reasonable time

Entry Requirements (9 V.S.A. § 4460)

• Notice Required: 48 hours’ notice required (9 V.S.A. § 4460(a))
• Reasonable Times: Entry during reasonable hours only
• Emergency Exception: May enter without notice in emergency
• Permitted Purposes: Inspection, repairs, showing to buyers/tenants

Tenant Rights and Protections (9 V.S.A. § 4459, 4462, 4465)

• Quiet Enjoyment: Right to peaceful possession without interference
• Privacy Rights: Right to 48 hours’ notice before entry
• Security Deposit Protection: Double damages for wrongful withholding
• Repair Rights: Can repair and deduct or terminate under certain conditions (9 V.S.A. § 4459)
• Retaliation Protection: Strong protections (9 V.S.A. § 4465)
• Rent Escrow: Can deposit rent with court if landlord fails to make repairs (9 V.S.A. § 4459)
• Winter Protections: Limited evictions during heating season for nonpayment
• Military Service: SCRA protections for active duty members

Vermont-Specific Considerations

14-Day Security Deposit Return (9 V.S.A. § 4461(b))

• 14 days to return deposit with itemized statement
• One of shortest return periods in the nation
• Double damages for wrongful withholding
• Must provide specific reasons for any deductions
• Move quickly after tenant vacates

60-Day Rent Increase Notice (9 V.S.A. § 4455(d))

• 60 days written notice required for rent increase
• Longer than most states (30 days typical)
• Provides tenant significant time to adjust or find new housing
• Applies to month-to-month tenancies

60-Day Termination Notice (9 V.S.A. § 4467(c))

• 60 days notice to terminate month-to-month without cause
• Longer than most states (30 days typical)
• Strong tenant protection
• Must be in writing

14-Day Nonpayment Notice (9 V.S.A. § 4467(b))

• 14 days notice for nonpayment of rent
• Longer than many states (3-5 days common)
• Gives tenant more time to catch up on rent
• Winter moratorium may apply October 1 – April 1

Tenant Rights and Duties Handbook (9 V.S.A. § 4456(c))

• Landlord must provide handbook at beginning of tenancy
• Published by Vermont Department of Housing
• Outlines tenant and landlord rights and responsibilities
• Required disclosure

Heating Temperature Requirement (9 V.S.A. § 4458)

• Must maintain at least 65°F during heating season (September 21 – May 31)
• Specific statutory heating requirement
• Critical in Vermont’s cold climate
• Tenant remedy if not maintained

Winter Eviction Moratorium

• Limited evictions October 1 – April 1 for nonpayment
• Applies if tenant applies for assistance
• Strong tenant protection during heating season
• Landlords must be aware of this restriction

Bedbug Disclosure (9 V.S.A. § 4456a)

• Must disclose bedbug infestation history
• Required disclosure for past infestations
• Specific statutory requirement

Fair Housing Requirements

Best Practices for Vermont Landlords

• Use comprehensive written leases for all tenancies
• Provide Tenant Rights and Duties handbook (required by law)
• Conduct thorough move-in and move-out inspections with photos
• Return deposits within 14 days with itemization (required by law)
• Provide 60 days notice for rent increases (required by law)
• Provide 60 days notice to terminate month-to-month (required by law)
• Provide 48 hours’ notice before entry (required by law)
• Maintain heating at 65°F+ September 21 – May 31 (required by law)
• Be aware of winter eviction moratorium (October 1 – April 1)
• Disclose bedbug history (required by law)
• Keep detailed records of all transactions and communications
• Respond promptly to repair requests
• Install and maintain working smoke and CO detectors
• Never use self-help eviction methods
• Follow proper court procedures for evictions

Vermont Climate Considerations

• Harsh Winters: Long, cold winters with heavy snow
• Temperature Extremes: -20°F to 90°F range
• Heating Critical: Adequate heating system essential October through April
• Snow Removal: Critical for safety and access
• Ice Dams: Common issue; proper maintenance required
• Short Growing Season: Limited landscaping considerations
• High Heating Costs: Significant utility expenses in winter

Burlington and Urban Area Considerations

• Local Ordinances: Additional requirements in cities
• Rental Registration: Some municipalities may require registration
• Lead Paint: Present in older housing; proper disclosure critical
• Student Housing: Special considerations near colleges
• Rental Inspections: Some cities require inspections

Rural Property Considerations

• Well Water: Landlord typically maintains well system
• Septic Systems: Clarify maintenance responsibilities
• Propane/Heating Oil: Specify who pays and maintains; critical for heat
• Private Roads: Specify maintenance and snow removal responsibilities
• Distance to Services: Remote locations; specify emergency procedures
• Winterization: Critical for unoccupied properties

Resources

• 9 V.S.A. Chapter 137 (Residential Rental Agreements)
• Vermont Department of Housing and Community Development
• Vermont Tenants’ Rights and Duties handbook
• Vermont Legal Aid
• Superior Courts (for eviction proceedings)
• Vermont Apartment Owners Association