Renting a New Property in Vermont: A Guide for Tenants
Vermont has specific tenant-landlord laws that provide important protections for renters while establishing clear responsibilities. Understanding these regulations before signing a lease can help you avoid common pitfalls and ensure a positive rental experience in the Green Mountain State.
Vermont law requires landlords to provide habitable housing and prohibits certain discriminatory practices, but tenants must also fulfill their obligations including timely rent payment and property maintenance. Familiarize yourself with Vermont's Residential Rental Agreements Act to fully understand your rights and responsibilities.
Key Considerations
Scenarios
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Relevant Laws
Vermont Landlord and Tenant Act (Title 9, Chapter 137)
This is Vermont's primary law governing residential rental agreements. It outlines the rights and responsibilities of both landlords and tenants, including security deposit limits (maximum of one month's rent for unfurnished units), required disclosures, and the process for terminating tenancies. As a new tenant in Vermont, this law establishes your fundamental rights regarding habitability, privacy, and fair treatment.
Vermont Fair Housing Law (9 V.S.A. § 4500-4507)
This law prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, disability, sexual orientation, gender identity, marital status, age, or receipt of public assistance. As a tenant in Vermont, you are protected from discriminatory practices in the rental application process, lease terms, and throughout your tenancy.
Vermont Security Deposit Law (9 V.S.A. § 4461)
This law regulates how landlords must handle security deposits, including the maximum amount they can charge (one month's rent for unfurnished units), where deposits must be held, and the timeline for returning deposits after a tenancy ends (within 14 days). The law also specifies what deductions landlords can legally make from security deposits.
Vermont Warranty of Habitability (9 V.S.A. § 4457-4459)
This law requires landlords to maintain rental properties in a safe and habitable condition. It covers essential services like heat, water, electricity, and structural integrity. As a tenant, you have the right to request repairs, and in some cases, you may have remedies such as withholding rent or making repairs yourself and deducting the cost if the landlord fails to address serious habitability issues.
Vermont Rental Housing Health Code
This code establishes minimum health and safety standards for rental housing in Vermont. It covers requirements for ventilation, heating, plumbing, electrical systems, and pest control. Landlords must comply with these standards, and local health officers can enforce them. As a new tenant, you should be aware that your rental unit must meet these basic health and safety requirements.
Regional Variances
Northern Vermont
Burlington has additional tenant protections through the Burlington Housing Board of Review, which handles disputes between landlords and tenants. The city requires landlords to provide a certificate of compliance for rental units, confirming they meet minimum housing standards. Security deposits are capped at one month's rent, and landlords must pay interest on deposits.
South Burlington follows state law but has its own code enforcement office that handles housing inspections and complaints. Tenants should contact the city's code enforcement office for issues related to housing code violations.
Central Vermont
As the state capital, Montpelier strictly enforces rental housing codes. The city has a Housing Committee that addresses affordable housing issues. Tenants should be aware that some historic buildings may have exemptions from certain accessibility requirements.
Barre has specific ordinances addressing rental property maintenance and safety. The city conducts regular rental inspections and has a rental registry program. Tenants should verify their unit is properly registered with the city.
Southern Vermont
Brattleboro has a Rental Housing Improvement Program and requires rental housing inspections. The town has a Housing Authority that provides resources for tenants. Additionally, Brattleboro has specific regulations regarding heat requirements during winter months.
Bennington enforces its own rental housing code in addition to state requirements. The town has a Building and Health Code official who handles housing complaints. Tenants should be aware of Bennington's specific requirements for smoke and carbon monoxide detectors.
Resort Communities
Stowe has a high percentage of seasonal rentals and vacation properties. Tenants should carefully review lease terms to ensure they understand if their rental is seasonal or year-round. The town has specific regulations addressing short-term rentals that may affect housing availability.
Killington's rental market is heavily influenced by the ski industry. Many rentals are seasonal with higher winter rates. Tenants should verify whether utilities are included, as heating costs can be substantial during winter months. The town has specific regulations for snow removal responsibilities.
Frequently Asked Questions
In Vermont, tenants have several important rights, including: the right to a habitable living space, protection against illegal discrimination, proper notice before landlord entry (generally 48 hours), security deposit protections (landlords must return deposits within 14 days of lease termination), and protection against retaliation. Vermont law (9 V.S.A. Chapter 137) outlines these tenant rights in detail.
Vermont state law does not set a maximum limit on security deposits. However, landlords must return the security deposit within 14 days after the tenant vacates the property if there are no damages, or within 60 days if specified in the written rental agreement. Any deductions must be itemized in writing. Some municipalities like Burlington have local ordinances that limit security deposits to one month's rent.
In Vermont, landlords must provide at least 48 hours' notice before entering a tenant's rental unit, except in emergencies. The notice should specify a reasonable timeframe for entry. Tenants cannot unreasonably withhold consent for a landlord to enter for legitimate purposes such as making repairs, showing the unit to prospective tenants, or inspections.
For month-to-month tenancies in Vermont, landlords must provide at least 60 days' written notice before increasing rent. For fixed-term leases, rent generally cannot be increased until the lease term ends, unless the lease specifically allows for it. There are no state-wide rent control laws in Vermont, though some municipalities may have their own regulations.
For month-to-month tenancies, tenants must provide 30 days' written notice to terminate. Landlords must provide 30 days' notice for tenancies less than two years, and 60 days' notice for tenancies of two years or more. For fixed-term leases, notice is typically not required if you're leaving at the end of the lease term, but your lease may specify otherwise. Termination for lease violations requires proper notice periods as specified by Vermont law.
Vermont landlords must maintain rental properties in compliance with health and safety codes, including providing working plumbing, heating, electricity, and hot water. They must make all repairs necessary to keep the premises fit and habitable. If essential services fail, tenants may have repair-and-deduct remedies or other legal options. Always document repair requests in writing and keep copies of all communications.
Vermont does not have a winter eviction moratorium that prevents evictions during cold months. However, all evictions must follow proper legal procedures regardless of the season. A landlord cannot evict you without a court order, and you have the right to contest an eviction in court. If you're facing eviction, consider contacting Vermont Legal Aid for assistance.
If you believe you're experiencing housing discrimination in Vermont, document all incidents and file a complaint with the Vermont Human Rights Commission within one year of the alleged discrimination. You can also file with the federal Department of Housing and Urban Development (HUD) within one year. Vermont's Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, disability, sexual orientation, gender identity, marital status, age, or receipt of public assistance.
Vermont state law does not require landlords to pay interest on security deposits. However, some municipalities like Burlington have local ordinances that do require interest payments on security deposits. Check your local regulations or contact your town/city clerk's office to determine if your municipality has such requirements.
A Vermont rental agreement should include: names of all parties, property address, rental amount and due date, security deposit amount, lease term, utilities responsibilities, pet policies, maintenance responsibilities, entry notice requirements, and any other house rules. While oral leases are legally binding in Vermont for terms less than one year, a written agreement provides better protection for both parties. Vermont law requires certain disclosures, including lead-based paint disclosures for properties built before 1978.