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All About Rental Agreements

All contracts between a property owner and a tenant are “rental agreements” according to Vermont’s Residential Rental Agreements Act (RRAA). 9 V.S.A. § 4451( 8 ). The rental arrangement does not need to be in composing. You and the property manager have all the rights and obligations in the law although there is no written arrangement. 9 V.S.A. § 4453.

The RRAA requires that the responsibilities and rights of landlords and occupants in the law are indicated (made a part of) all rental contracts. Which ones are indicated in all rental agreements? See this list of rights and responsibilities of occupants and property managers. For more information on these rights and responsibilities, visit our Rights and Duties Explained page.

All of the agreements made by you and the landlord or implied by the RRAA are called the “terms” of the tenancy. 9 V.S.A. § 4454.

The RRAA protects you and needs you to do (or not do) some things. It likewise protects landlords and needs them to do (or not do) some things. The law is the very same if you have actually a composed or verbal rental agreement. 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 tasks in the RRAA for what need to be in a rental contract.

The RRAA never uses the word “lease.” Calling a property rental contract a “lease” does not have any special 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 use the word “lease.”

Rental contracts can be for a time period that is defined in the rental agreement. For instance, the arrangement could be 6 months or a year. During that time, all of the terms (consisting of the quantity of lease) of the occupancy stay the very same. Or a rental contract can be “month-to-month.” This means the length of the occupancy or the amount of rent can be changed as long as you get the notice required by the RRAA.

As far as rental arrangements go, calling it a lease doesn’t guarantee that the terms can’t be altered for a year. If you desire the occupancy to be for a particular period of time, you have to get the proprietor to agree.

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

If you have just a spoken contract, you may “concur” to something without realizing you have actually agreed. For instance, if you consent to no holes in the walls thinking that does not keep you from hanging images, the property manager may charge you for fixing the holes from hanging your images.

When you are deciding to lease a home, you need to pay very close attention to what the property manager says.

Because the RRAA sets out lots of rights and duties of renters and landlords, and since written rental agreements can’t alter what is in the RRAA, a composed rental contract tends to have more advantages for property owners than for tenants.

Advantages for a property owner:

– The property owner could shorten the time length of advance notification required to end the tenancy. 9 V.S.A. § 4467( c), (e).
– The proprietor might make the time length of advance notification you require to offer the landlord when you wish to vacate longer. 9 V.S.A. § 4456( d).
– A written rental arrangement might require you to pay your property manager’s attorney’s fees if an attorney is utilized to implement any part of the arrangement or to evict you. (Note: If you damage the system or interrupt your neighbors and your property manager evicts you due to the fact that of it, the RRAA makes you responsible for the property manager’s lawyer’s costs. 9 V.S.A. § 4456( e).).
– A written rental agreement can name the individuals who can reside in the unit, and keep you from letting somebody move in. – Note: It would be discrimination for a proprietor to evict you for having an infant. 9 V.S.A. § 4503( a).
– A proprietor can keep you from subleasing the place you lease, 9 V.S.A. § 4456b( a)( 1 ), and can evict the individual who subleases your place in an “expedited hearing.” Expedited ways faster than typical. 12 V.S.A. § 4853b.

A written rental arrangement may help you as an occupant since:

– It may ensure that the rent will not change till a certain date.
– It can restrict the amount your rent can .
– It can state the length of time you can live there.
– If it isn’t composed in the contract, the property owner can’t state you consented to it. Verbal contracts outside the written arrangement might not be enforceable. For example, a written contract can say 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 states a late cost will be charged for late lease, 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 costs to the proprietor means the property manager’s actual additional expense since of late rent, like extra cost in keeping the books, driving over to you, making call, or composing you letters.

A late fee is illegal when:

– A flat charge of a particular quantity of money if rent is paid after the lease day is generally not the proprietor’s sensible expense, therefore is illegal.
– Your proprietor can not use you a rent “discount” for paying by a specific date. In one case, the Windham Superior Court held that incentives for early payments are the very same as penalties and hence, 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 offer it on your demand. Please utilize our website feedback type to do so.)

A rental arrangement can include these terms:

– Only the individuals named in the written rental arrangement (and their minor kids, even if they arrive later) can live in the rental system.
– Subleasing is allowed or not permitted. 9 V.S.A. § 4456b( a)( 1 ).
– Smoking is not allowed.
– Pets are not permitted. But, if you require an animal since of your special needs, see our Reasonable Accommodations page.
– A description of what spaces (living space, other areas) are included.
– Rules about utilizing common locations.
– Who is responsible for paying energy costs.
– The responsibility to pay a set amount of rent, for a set period of time, even if the tenant decides to vacate early. (The proprietor has a duty to re-rent the place as quickly as possible, however the renter may owe rent until someone else rents it.)

You can accept a change but you don’t need to.

If you or the landlord wishes to change a term or condition in your rental contract, you can ask each other to agree. You or the property owner can’t change the rights and commitments in the RRAA, but other parts of rental contracts can be altered. If the rental agreement remains in writing, changes must be in composing.

Generally for things like animals, enhancements (refurnishing or updating appliances or fixtures) if one individual asks, and the other agrees, then that term of the rental arrangement is changed. But if the property manager 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 harmed by the tenant:

– Two months after you relocate the proprietor says, “I wish to take out the bath tub and put in a shower.” You say, “No, I like the bath tub.” The tub belongs to what you concurred to rent, and you do not consent to alter it. Landlord can’t renovate the bathroom.
– Or, property owner states, “I am changing my mind. You can’t have an animal.” You do not need to accept eliminate your family pet.
– Or you state, “I do not like the gas stove in the apartment or condo. I want an electric stove.” Landlord doesn’t need to consent to a brand-new range.

Note: There is a difference in between contracts to alter something and repair work required 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 property manager 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 property owner may want to end the occupancy if among you wants a change and the other does not. If your rental arrangement is not for a specific amount of time, either of you might 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 agreement was for a certain duration of time, for example January 1 – December 31? If that time has ended, you may wonder if there is still a composed rental contract, or is there no written rental contract?

It depends on what the written contract states. If it specifies the dates and does not more address what takes place when it ends, the composed agreement ends, but the tenancy does not. That is since when you relocate with the agreement of a proprietor, the property owner must send out a notification to end the tenancy, even if there is a composed rental contract which ends. In other words, the expiration of the arrangement is not enough notification to end a tenancy.

A written rental agreement that expires on a certain date could include a clause that defines the length of the tenancy after that date has passed. It could say, for example, the tenancy continues from month to month. Or it might state if you do not leave, the occupancy continues for another year.

Whatever it says, if the property owner desires you out, they have to offer you a termination notice needed by the occupancy you have.

Discover more on our Rent Increases page.

A Vermont law that took effect on July 1, 2018, legislated possession of approximately an ounce of marijuana and 2 fully grown and 4 immature plants. If you are an occupant, or if you have a rental aid from a housing authority, or if you have some other form of federally helped rental subsidy, beware. Your lease and program rules may still make it an offense of the guidelines for you to have cannabis or marijuana plants in your rental. Your lease may likewise prohibit smoking, consisting of smoking cigarettes cannabis.

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

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Everything About Rental Agreements

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Lockouts, Utility Shutoffs & Your Belongings

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