All contracts between a landlord and a renter are "rental contracts" according to Vermont's Residential Rental Agreements Act (RRAA). 9 V.S.A. § 4451( 8 ). The rental agreement does not need to remain in writing. You and the property owner have all the rights and responsibilities in the law even though there is no written contract. 9 V.S.A. § 4453.

The RRAA requires that the responsibilities and rights of property managers and occupants in the law are indicated (made a part of) all rental contracts. Which ones are suggested in all rental arrangements? See this list of rights and tasks of occupants and proprietors. For additional information on these rights and tasks, visit our Rights and Duties Explained page.
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All of the arrangements 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 requires you to do (or not do) some things. It also protects property owners and needs them to do (or not do) some things. The law is the same if you have actually a composed or spoken rental arrangement. 9 V.S.A. § 4453.

Any part of a rental arrangement that tries to get around the RRAA isn't legal. 9 V.S.A. § 4454. See the list of rights and duties in the RRAA for what must remain in a rental arrangement.

The RRAA never utilizes the word "lease." Calling a domestic rental arrangement a "lease" does not have any special legal meaning in . 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 arrangement. For instance, the arrangement might be 6 months or a year. During that time, all of the terms (consisting of the quantity of lease) of the tenancy remain the very same. Or a rental agreement can be "month-to-month." This indicates the length of the occupancy or the amount of rent can be altered as long as you get the notification needed by the RRAA.

As far as rental contracts go, calling it a lease does not ensure that the terms can't be changed for a year. If you desire the occupancy to be for a specific period of time, you need to get the proprietor to concur.

All of the rights and commitments of the RRAA are part of the arrangement even without being written down. 9 V.S.A. § 4453. Any additional terms may not be enforceable unless you and the proprietor have actually spoken about them and agreed - and after that only as long as the RRAA does not restrict the agreement. 9 V.S.A. § 4454.

If you have just a spoken agreement, you might "agree" to something without understanding you have actually agreed. For instance, if you agree to no holes in the walls thinking that does not keep you from hanging pictures, the property owner might charge you for fixing the holes from hanging your pictures.

When you are choosing to rent an apartment, you require to pay attention to what the proprietor says.

Because the RRAA sets out numerous rights and duties of tenants and proprietors, and since composed rental contracts can't change what is in the RRAA, a composed rental contract tends to have more advantages for property managers than for occupants.

Advantages for a landlord:

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

• The landlord might make the time length of advance notice you require to provide the property owner when you want to vacate longer. 9 V.S.A. § 4456( d).
• A written rental contract could require you to pay your property owner's lawyer's costs if a legal representative is utilized to enforce any part of the agreement or to evict you. (Note: If you damage the unit or disrupt your neighbors and your property owner evicts you due to the fact that of it, the RRAA makes you accountable for the proprietor's lawyer's fees. 9 V.S.A. § 4456( e).).
• A written rental contract can call individuals who can reside in the system, and keep you from letting somebody relocation in. - Note: It would be discrimination for a proprietor to evict you for having a child. 9 V.S.A. § 4503( a).
• A landlord can keep you from subleasing the place you lease, 9 V.S.A. § 4456b( a)( 1 ), and can force out the individual who subleases your location in an "expedited hearing." Expedited ways quicker than typical. 12 V.S.A. § 4853b.
  
  A written rental arrangement may assist you as a tenant because:
  
  - It might ensure that the rent will not alter until a certain date.
• It can limit the amount your rent can increase.
• It can state the length of time you can live there.
• If it isn't written in the contract, the property manager can't say you accepted it. Verbal contracts outside the composed arrangement may not be enforceable. For example, a written arrangement can say who must spend for heating fuel or electrical energy.
  
  Generally, a landlord can not charge late charges.
  
  A late charge is legal only if:
  
  - The rental arrangement states a late cost will be charged for late lease, and
  
  - The charge is only the reasonable expense to the property manager since of the late payment. See Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313 (1991 ). Reasonable costs to the landlord suggests the proprietor's real additional expenditure due to the fact that of late rent, like additional expense in keeping the books, driving over to you, making phone calls, or composing you letters.
  
  A late cost is not legal 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 cost, therefore is prohibited.
• Your property manager can not provide 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 same as charges and thus, they are not lawfully valid. 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 file, we will provide it on your demand. Please use our website feedback form to do so.)
  
  A rental arrangement can consist of these terms:
  
  - Only individuals named in the written rental agreement (and their minor children, even if they get here later) can reside in the rental.
• Subleasing is allowed or not allowed. 9 V.S.A. § 4456b( a)( 1 ).
• Smoking is not enabled.
• Pets are not permitted. But, if you require an animal since of your impairment, see our Reasonable Accommodations page.
• A description of what areas (living area, other locations) are consisted of.
• Rules about using typical locations.
• Who is accountable for paying utility bills.
• The obligation to pay a set quantity of rent, for a set amount of time, even if the renter decides to leave early. (The property manager has a responsibility to re-rent the location as soon as possible, but the occupant may owe rent up until somebody else rents it.)
  
  You can accept a change but you don't need to.
  
  If you or the proprietor desires to change a term or condition in your rental agreement, you can ask each other to concur. You or the property manager can't change the rights and obligations in the RRAA, however other parts of rental agreements can be changed. If the rental agreement is in composing, modifications must be in writing.
  
  Generally for things like family pets, improvements (refurnishing or updating devices or fixtures) if a single person asks, and the other concurs, then that term of the rental contract is altered. But if the property owner desires something, and you do not desire it, then you can disagree.
  
  The examples listed below assume that the unit remains in great repair, and not being damaged by the tenant:
  
  - Two months after you move in the landlord states, "I wish to take out the tub and put in a shower." You state, "No, I like the bathtub." The tub belongs to what you consented to rent, and you don't agree to change it. Landlord can't refurbish the bathroom.
• Or, landlord says, "I am changing my mind. You can't have an animal." You don't need to concur to eliminate your animal.
• Or you state, "I don't like the gas stove in the apartment. I want an electrical stove." Landlord doesn't need to accept a brand-new range.
  
  Note: There is a distinction in between arrangements to alter something and repairs needed 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 system 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 may wish to end the occupancy if one of you desires a modification and the other does not. If your rental contract is not for a certain time period, either of you might provide advance notification to end the tenancy. 9 V.S.A. § 4456( d), 9 V.S.A § 4467( c)( e).
  
  Staying longer than a written arrangement
  
  Do you have a composed rental arrangement that says the rental agreement was for a specific amount of time, for example January 1 - December 31? If that time has ended, you may question if there is still a composed rental arrangement, or exists no composed rental contract?
  
  It depends upon what the composed agreement states. If it states the dates and does not more address what happens when it ends, the composed arrangement ends, but the occupancy does not. That is since when you relocate with the agreement of a landlord, the proprietor needs to send a notification to end the occupancy, even if there is a written rental agreement which ends. To put it simply, the expiration of the agreement is not sufficient notice to end a tenancy.
  
  A composed rental arrangement that ends on a particular date could consist of a clause that specifies the length of the occupancy after that date has passed. It might state, for instance, the occupancy continues from month to month. Or it might state if you don't leave, the tenancy continues for another year.
  
  Whatever it states, if the property owner desires you out, they have to provide you a termination notification required by the tenancy you have.
  
  Learn more on our Rent Increases page.
  
  A Vermont law that took impact on July 1, 2018, legalized ownership of approximately an ounce of cannabis and 2 mature and 4 immature plants. If you are an occupant, or if you have a rental subsidy from a housing authority, or if you have some other form of federally assisted rental aid, beware. Your lease and program rules may still make it an infraction of the guidelines for you to have marijuana or cannabis plants in your rental. Your lease might also ban smoking cigarettes, including smoking marijuana.
  
  The brand-new Vermont law does not alter the terms of your lease. The new law does not alter the program guidelines for renters with federal rental help. If you are unsure, examine your lease or program guidelines or speak to your property manager or housing authority. You can likewise call us for aid. Your details will be sent out to Legal Services Vermont, which screens demands for help for both Vermont Legal Aid and Legal Services Vermont.
  
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