Vermont Roommate Agreement
The Vermont rules that shape the document: no lodger law, the co-tenant versus subtenant split, and the Burlington occupancy cap.
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Introduction
A roommate agreement is a private contract between co-tenants, not a lease, and it does not bind the landlord or change what the lease says. In Vermont, a handful of state rules sit on top of the national template: Vermont has no lodger statute, so even an owner who rents a room in a home the owner personally occupies must use the full statutory notice-then-ejectment process to remove a tenant; whether a roommate is a co-tenant or a subtenant turns on timing and decides who can act against whom; no statute sets a default on joint and several rent liability or on splitting a security deposit between roommates; and Burlington's zoning code caps a household at four unrelated adults. Everything else, the rent split, chores, guests, and quiet hours, is covered by the national template.
Key Things to Know
- 1
Vermont has no lodger-removal statute. Even an owner who rents a room in a home the owner personally occupies cannot remove that tenant with notice alone; the Residential Rental Agreements Act's exclusion list does not carve out lodgers, so the full process applies: notice under 9 V.S.A. Section 4467, then ejectment under 12 V.S.A. Sections 4761 and 4853b.
- 2
Whether a Vermont roommate is a co-tenant or a subtenant depends on timing, not on this Agreement. A person who signed the rental agreement with you at the same time is a co-tenant with equal occupancy rights; a person who moved in afterward is a subtenant under 9 V.S.A. Chapter 137. That status decides who can act against whom.
- 3
Vermont requires landlord consent to add a subtenant only if the written rental agreement conditions or prohibits subletting (9 V.S.A. Section 4456b(a)-(b)). Absent that clause, the tenant need only give the landlord the new occupant's name and contact information.
- 4
If a written rental agreement prohibits subletting, Vermont lets the landlord or the original tenant bring an ejectment action against an unauthorized subtenant (9 V.S.A. Section 4456b(a)(2); 12 V.S.A. Sections 4761, 4853b). No Vermont statute gives one co-tenant a way to remove another co-tenant.
- 5
No Vermont statute sets a default rule on whether co-tenants are jointly and severally liable for rent. The lease controls what the landlord may collect from each tenant, so this agreement should state each roommate's payment share explicitly.
- 6
No Vermont statute addresses how departing roommates split a security deposit refund. 9 V.S.A. Section 4461(a) governs only the landlord-tenant relationship, its return timelines and deductions, and says nothing about dividing a deposit among co-tenants.
- 7
Vermont's Fair Housing and Public Accommodations Act exempts an owner-occupied building of three or fewer units, a building-size test rather than a room-in-the-home test, and adds sexual orientation, gender identity, marital status, age, citizenship or immigration status, public assistance receipt, and abuse-victim status to the protected classes. Even an exempt owner's ad must still comply with the Act's non-discrimination advertising clause. Separately, Burlington's zoning code caps a household at four unrelated adults absent a functional-family exception.
Key decisions before you file
Before you file a Roommate Agreement in Vermont, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.
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Vermont Requirements for Roommate Agreement
Vermont's Residential Rental Agreements Act does not exempt lodgers, so even an owner who rents a room in a home the owner personally occupies must use the full statutory process to remove a tenant: notice under 9 V.S.A. Section 4467, then ejectment under 12 V.S.A. Sections 4761 and 4853b. The agreement should not suggest any self-help removal right.
Whether a roommate is a co-tenant or a subtenant in Vermont depends on timing: a person who signed the rental agreement at the same time is a co-tenant with equal occupancy rights, while a later arrival is a subtenant under 9 V.S.A. Chapter 137. State clearly that this Agreement does not change that status.
Vermont requires landlord consent to add a subtenant only if the written rental agreement conditions or prohibits subletting (9 V.S.A. Section 4456b(a)-(b)). Absent that clause, the tenant need only give the landlord the new occupant's name and contact information.
If the written rental agreement prohibits subletting, the landlord or the original tenant may bring an ejectment action against an unauthorized subtenant under 9 V.S.A. Section 4456b(a)(2). Make clear this remedy runs against an unauthorized subtenant only and does not let one co-tenant remove another.
No Vermont statute sets a default rule on joint and several rent liability among co-tenants. Draft the payment clause to state each roommate's share explicitly rather than relying on an assumed Vermont default.
9 V.S.A. Section 4461(a) governs only the landlord-tenant relationship and says nothing about dividing a security deposit among co-tenants. The agreement should set out how a shared deposit is divided when a roommate moves out.
Vermont's owner-occupied fair housing exemption is a building-size test (three units or fewer) that still requires non-discriminatory advertising, and adds protected classes beyond federal law. Burlington separately caps a dwelling unit at four unrelated adults absent a functional-family exception.
Frequently Asked Questions
The lease is between the tenants and the landlord. A Vermont roommate agreement is a separate contract between the co-tenants themselves, covering rent splits, chores, guests, and issues Vermont's landlord-tenant statutes do not address, such as dividing a security deposit or stating how rent is shared among roommates.
No. Vermont has no lodger law and no shortcut of any kind. Even an owner who rents a room in a home the owner personally occupies must give notice under 9 V.S.A. Section 4467 and then bring a formal ejectment action under 12 V.S.A. Sections 4761 and 4853b. Self-help removal, such as changing locks or removing belongings, is not a lawful substitute for that process.
It depends on timing, not on the roommate agreement. Someone who signed the rental agreement with you at the same time is a co-tenant with equal occupancy rights. Someone who moved in after the rental agreement was already signed is a subtenant under 9 V.S.A. Chapter 137. That status decides who can act against whom.
Only sometimes. Vermont requires landlord consent to add a subtenant only if the written rental agreement conditions or prohibits subletting (9 V.S.A. Section 4456b(a)-(b)). If the agreement is silent, the tenant need only give the landlord the new occupant's name and contact information.
Vermont has no statute setting a default rule on this. Whether roommates are jointly and severally liable to the landlord depends on the lease itself. Because Vermont law does not fill this gap, the roommate agreement should state each person's payment share and responsibility explicitly.
Vermont law does not say. 9 V.S.A. Section 4461(a) treats the deposit as something owed by the landlord to the tenant, with return timelines and itemized-deduction rules, but it never addresses dividing a deposit among co-tenants. The roommate agreement is the only thing that governs how the deposit is split.
Yes. Burlington's zoning code caps occupancy of a dwelling unit at four unrelated adults, plus their minor children, unless the household qualifies as a functional family unit under the city's multi-factor test (Burlington Comprehensive Development Ordinance, Article 13, 'Family'). This cap applies only inside Burlington, not statewide.
Vermont's Fair Housing and Public Accommodations Act exempts an owner-occupied building of three or fewer units, tested by building size rather than by whether the room is in the owner's own home. Vermont also adds sexual orientation, gender identity, marital status, age, citizenship or immigration status, public assistance receipt, and abuse-victim status to the protected classes, and even an exempt owner's ad must still comply with the non-discrimination advertising clause.