Renting Out Your Property in Vermont: A Guide for Landlords
Renting out property in Vermont requires understanding specific state regulations that govern landlord-tenant relationships, including security deposit limits, habitability standards, and notice requirements. Vermont landlords must comply with the state's Residential Rental Agreements Act and fair housing laws while maintaining detailed documentation of all rental transactions.
Vermont has some tenant-friendly provisions that differ from other states, including a maximum security deposit limit of one month's rent and specific requirements for returning deposits within 14 days of lease termination. Failure to comply with these regulations can result in penalties and legal liability for landlords.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Documents
Landlord's Rules and Regulations
A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.
Move-In/Move-Out Inspection Checklist
A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.
Notice of Entry Form
A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.
Rental Application Form
A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.
Residential Lease Agreement
A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.
Security Deposit Receipt
A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.
Relevant Laws
Vermont Landlord and Tenant Act
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), proper notice periods for lease termination, and maintenance obligations. As a landlord in Vermont, you must comply with these regulations to avoid legal issues.
Vermont Fair Housing Law
Vermont's Fair Housing 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. When renting your property, you must ensure your tenant screening process and rental policies comply with these anti-discrimination provisions.
Vermont Rental Housing Health Code
This code establishes minimum health and habitability standards for rental properties in Vermont. As a landlord, you must ensure your property meets these standards, which include proper sanitation, adequate heating (minimum 65°F), functioning plumbing, and structural safety. Non-compliance can result in penalties and tenants may be legally entitled to withhold rent.
Vermont Lead Poisoning Prevention Law
For properties built before 1978, Vermont law requires landlords to take essential maintenance practices (EMPs) to minimize lead hazards, provide tenants with EPA-approved lead disclosure information, and obtain a compliance statement. This law is particularly relevant as Vermont has many older properties, and lead compliance is strictly enforced.
Local Zoning and Short-Term Rental Regulations
Many Vermont municipalities have specific zoning ordinances and regulations regarding rental properties, particularly for short-term rentals. Before renting your property, you should check with your local town or city clerk's office to ensure compliance with local permits, registration requirements, and any restrictions on rental use.
Regional Variances
Northern Vermont
Burlington has stricter rental regulations than most of Vermont, including a rental housing inspection program. Landlords must register rental properties and pass regular inspections. The city also has a 'just cause' eviction ordinance for certain properties, limiting the reasons landlords can terminate tenancies. Additionally, Burlington enforces stricter lead paint disclosure requirements and has local ordinances regarding security deposits.
South Burlington has its own rental housing code that may differ from state requirements. Landlords should check with the city's housing inspector for specific requirements. The city also has different zoning regulations that may affect short-term rentals and accessory dwelling units.
Central Vermont
As the state capital, Montpelier has specific rental housing codes that may be more stringent than state requirements. The city has its own housing committee and inspection process. Landlords should be aware of local ordinances regarding rental property maintenance and tenant rights.
Barre has implemented specific rental housing health codes that landlords must comply with. The city conducts its own inspections and has particular requirements for rental property maintenance and safety standards that may exceed state minimums.
Southern Vermont
Brattleboro has enacted local rental housing standards that include regular inspections. The town has specific requirements for rental certificates of occupancy and may have stricter energy efficiency standards for rental properties. Landlords should also be aware of local ordinances regarding noise and tenant conduct.
Bennington has its own rental housing code enforcement program with specific requirements for landlords. The town may have different procedures for addressing code violations and tenant complaints than other Vermont jurisdictions.
Resort Areas
As a popular tourist destination, Stowe has specific regulations regarding short-term rentals and vacation properties. Landlords may face additional taxes and registration requirements for short-term rentals. The town also has zoning regulations that may restrict certain types of rental activities in residential areas.
Killington has unique regulations for seasonal and vacation rentals due to its status as a ski resort town. Landlords should be aware of specific short-term rental ordinances, occupancy taxes, and registration requirements that differ from long-term residential rentals in other parts of Vermont.
Suggested Compliance Checklist
Research Vermont Landlord-Tenant Laws
1 days after startingFamiliarize yourself with Vermont's landlord-tenant laws, particularly Title 9, Chapter 137 of Vermont Statutes. Key areas include security deposit limits (maximum of one month's rent for unfurnished units), notice requirements for entry (48 hours), and tenant rights. The Vermont Department of Housing and Community Development website offers resources for landlords.
Obtain Required Property Inspections
7 days after startingSchedule necessary inspections to ensure your property meets Vermont's health and safety standards. This may include fire safety inspections, electrical inspections, and general building code compliance. Contact your local municipality for specific requirements, as they may vary by location.
Check Zoning and Rental Registration Requirements
14 days after startingVerify local zoning laws permit rental use of your property. Some Vermont municipalities (like Burlington) require rental registration or certificates of compliance. Contact your town or city clerk's office to determine if you need to register your rental property or obtain permits.
Prepare a Rental Application Form
21 days after startingCreate a rental application to screen potential tenants. Include sections for personal information, rental history, employment details, income verification, references, and authorization for background and credit checks. Ensure your screening process complies with Fair Housing laws, which prohibit discrimination based on protected characteristics.
Create a Move-In/Move-Out Inspection Checklist
21 days after startingDevelop a detailed checklist documenting the condition of the property before move-in and after move-out. Include all rooms, fixtures, appliances, and exterior areas with space for notes and photographs. This document helps prevent disputes about security deposit deductions and provides evidence of property condition.
Prepare a Lead-Based Paint Disclosure Form
21 days after startingFederal law requires landlords of properties built before 1978 to disclose known information about lead-based paint and provide tenants with the EPA pamphlet 'Protect Your Family from Lead in Your Home.' Vermont has additional lead disclosure requirements under the Vermont Lead Law. Even if you're unsure about lead paint, you must provide this disclosure.
Create a Security Deposit Receipt
21 days after startingVermont law requires landlords to provide a written receipt for security deposits. The receipt should include the amount received, date of receipt, and where the deposit will be held. Note that Vermont landlords must return security deposits within 14 days of lease termination, with an itemized list of any deductions.
Draft Landlord's Rules and Regulations
28 days after startingCreate a document outlining house rules and policies not covered in the lease. This may include quiet hours, guest policies, maintenance responsibilities, pet policies, smoking rules, and waste disposal guidelines. Ensure all rules comply with Vermont law and don't infringe on tenants' rights.
Prepare a Notice of Entry Form
28 days after startingCreate a form to notify tenants when you need to enter the property. Vermont law requires at least 48 hours' notice before entering a tenant's unit except in emergencies. The form should include the date, time, and purpose of entry, with space for tenant acknowledgment.
Draft a Residential Lease Agreement
35 days after startingCreate a comprehensive lease agreement that complies with Vermont law. Include terms for rent amount and due date, lease duration, security deposit terms, maintenance responsibilities, utilities, entry notice, and grounds for termination. Vermont prohibits certain lease provisions, such as waiving the right to a jury trial or requiring tenants to pay landlord's legal fees.
Set Up Security Deposit Account
42 days after startingVermont law doesn't require landlords to place security deposits in separate accounts, but it's a best practice. If you collect interest on the deposit, Vermont law requires you to pay that interest to the tenant when returning the deposit. Document where you're holding the deposit as you'll need to include this in the security deposit receipt.
Purchase Landlord Insurance
42 days after startingObtain appropriate insurance coverage for your rental property. Standard homeowner's insurance typically doesn't cover rental activities. Look for a landlord or rental dwelling policy that covers property damage, liability, and potentially lost rental income. Consider requiring tenants to obtain renter's insurance as well.
Establish Rent Collection System
49 days after startingSet up a system for collecting and tracking rent payments. Consider online payment options, which provide documentation of payment history. Establish clear policies for late payments, including any grace periods and late fees (which must be reasonable under Vermont law).
Create a Maintenance Request System
49 days after startingEstablish a clear process for tenants to report maintenance issues. Vermont landlords must maintain rental properties in compliance with health and safety codes. Prompt attention to maintenance requests helps prevent small issues from becoming major problems and demonstrates compliance with your legal obligations.
File for Rental Income Taxes
56 days after startingResearch tax implications of rental income. You'll need to report rental income on both federal and Vermont state tax returns. Keep detailed records of income and expenses, as many costs associated with rental property are tax-deductible. Consider consulting with a tax professional familiar with rental property taxation.
Task | Description | Document | Days after starting |
---|---|---|---|
Research Vermont Landlord-Tenant Laws | Familiarize yourself with Vermont's landlord-tenant laws, particularly Title 9, Chapter 137 of Vermont Statutes. Key areas include security deposit limits (maximum of one month's rent for unfurnished units), notice requirements for entry (48 hours), and tenant rights. The Vermont Department of Housing and Community Development website offers resources for landlords. | - | 1 |
Obtain Required Property Inspections | Schedule necessary inspections to ensure your property meets Vermont's health and safety standards. This may include fire safety inspections, electrical inspections, and general building code compliance. Contact your local municipality for specific requirements, as they may vary by location. | - | 7 |
Check Zoning and Rental Registration Requirements | Verify local zoning laws permit rental use of your property. Some Vermont municipalities (like Burlington) require rental registration or certificates of compliance. Contact your town or city clerk's office to determine if you need to register your rental property or obtain permits. | - | 14 |
Prepare a Rental Application Form | Create a rental application to screen potential tenants. Include sections for personal information, rental history, employment details, income verification, references, and authorization for background and credit checks. Ensure your screening process complies with Fair Housing laws, which prohibit discrimination based on protected characteristics. | Rental Application Form | 21 |
Create a Move-In/Move-Out Inspection Checklist | Develop a detailed checklist documenting the condition of the property before move-in and after move-out. Include all rooms, fixtures, appliances, and exterior areas with space for notes and photographs. This document helps prevent disputes about security deposit deductions and provides evidence of property condition. | Move-In/Move-Out Inspection Checklist | 21 |
Prepare a Lead-Based Paint Disclosure Form | Federal law requires landlords of properties built before 1978 to disclose known information about lead-based paint and provide tenants with the EPA pamphlet 'Protect Your Family from Lead in Your Home.' Vermont has additional lead disclosure requirements under the Vermont Lead Law. Even if you're unsure about lead paint, you must provide this disclosure. | Lead-Based Paint Disclosure Form | 21 |
Create a Security Deposit Receipt | Vermont law requires landlords to provide a written receipt for security deposits. The receipt should include the amount received, date of receipt, and where the deposit will be held. Note that Vermont landlords must return security deposits within 14 days of lease termination, with an itemized list of any deductions. | Security Deposit Receipt | 21 |
Draft Landlord's Rules and Regulations | Create a document outlining house rules and policies not covered in the lease. This may include quiet hours, guest policies, maintenance responsibilities, pet policies, smoking rules, and waste disposal guidelines. Ensure all rules comply with Vermont law and don't infringe on tenants' rights. | Landlord's Rules and Regulations | 28 |
Prepare a Notice of Entry Form | Create a form to notify tenants when you need to enter the property. Vermont law requires at least 48 hours' notice before entering a tenant's unit except in emergencies. The form should include the date, time, and purpose of entry, with space for tenant acknowledgment. | Notice of Entry Form | 28 |
Draft a Residential Lease Agreement | Create a comprehensive lease agreement that complies with Vermont law. Include terms for rent amount and due date, lease duration, security deposit terms, maintenance responsibilities, utilities, entry notice, and grounds for termination. Vermont prohibits certain lease provisions, such as waiving the right to a jury trial or requiring tenants to pay landlord's legal fees. | Residential Lease Agreement | 35 |
Set Up Security Deposit Account | Vermont law doesn't require landlords to place security deposits in separate accounts, but it's a best practice. If you collect interest on the deposit, Vermont law requires you to pay that interest to the tenant when returning the deposit. Document where you're holding the deposit as you'll need to include this in the security deposit receipt. | - | 42 |
Purchase Landlord Insurance | Obtain appropriate insurance coverage for your rental property. Standard homeowner's insurance typically doesn't cover rental activities. Look for a landlord or rental dwelling policy that covers property damage, liability, and potentially lost rental income. Consider requiring tenants to obtain renter's insurance as well. | - | 42 |
Establish Rent Collection System | Set up a system for collecting and tracking rent payments. Consider online payment options, which provide documentation of payment history. Establish clear policies for late payments, including any grace periods and late fees (which must be reasonable under Vermont law). | - | 49 |
Create a Maintenance Request System | Establish a clear process for tenants to report maintenance issues. Vermont landlords must maintain rental properties in compliance with health and safety codes. Prompt attention to maintenance requests helps prevent small issues from becoming major problems and demonstrates compliance with your legal obligations. | - | 49 |
File for Rental Income Taxes | Research tax implications of rental income. You'll need to report rental income on both federal and Vermont state tax returns. Keep detailed records of income and expenses, as many costs associated with rental property are tax-deductible. Consider consulting with a tax professional familiar with rental property taxation. | - | 56 |
Frequently Asked Questions
In Vermont, a valid lease agreement should include: names of all parties, property address, lease term, rent amount and due date, security deposit details, maintenance responsibilities, and rules regarding entry notice. While oral leases are legally binding for terms less than one year, written leases are strongly recommended for all rental arrangements to avoid disputes.
Vermont law does not set a maximum limit on security deposits for most rental properties. However, for rental units in Burlington, security deposits are limited to one month's rent. Landlords must return security deposits within 14 days of the tenant vacating the property if there are no disputes, or within 60 days if there are deductions, along with an itemized list of damages.
In Vermont, landlords must provide at least 48 hours' notice before entering a tenant's rental unit for non-emergency matters such as repairs, inspections, or showing the property to prospective tenants. Entry should be during reasonable hours. In emergencies, landlords may enter without notice, but should document the emergency situation.
Vermont landlords must maintain rental properties in compliance with housing codes, including providing working plumbing, heating, electricity, and hot water. You must keep common areas clean and safe, maintain structural elements, and promptly make repairs. The 'implied warranty of habitability' requires that all rental units be fit for human habitation throughout the tenancy.
Vermont evictions require proper legal process. For lease violations, provide written notice specifying the violation and giving 30 days to remedy (14 days for non-payment of rent). If the tenant doesn't comply, file an eviction lawsuit (ejectment action). Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal and can result in penalties. During winter months (November-March), additional restrictions may apply to evictions.
Yes, Vermont requires rental housing registration. Landlords must register annually with the Vermont Department of Housing and Community Development and pay a fee per rental unit. Additionally, rental properties must be inspected for compliance with health and safety codes. Some municipalities may have additional registration requirements, so check with your local town or city government.
Vermont does not have statewide rent control, so landlords can generally increase rent by any amount. However, you must provide proper notice before implementing increases: 60 days' written notice for month-to-month tenancies and 21 days' notice for week-to-week tenancies. For fixed-term leases, rent cannot be increased until the lease term ends unless the lease specifically allows for increases.
Yes, Vermont has strict lead paint disclosure requirements. For buildings built before 1978, landlords must provide tenants with EPA-approved lead hazard information pamphlets, disclose any known lead hazards, and include specific lead warning language in leases. Vermont's Essential Maintenance Practices (EMPs) law also requires regular inspections and maintenance to prevent lead hazards, with compliance certificates filed annually.
Vermont law requires landlords to install and maintain working smoke and carbon monoxide detectors in all rental units. Smoke detectors must be installed in each sleeping area, in the vicinity of sleeping areas, and on each level of the dwelling. Carbon monoxide detectors must be installed near bedrooms. Landlords must test detectors annually and document these inspections.
Yes, Vermont landlords can generally prohibit pets in rental properties, but this policy should be clearly stated in the lease agreement. However, service animals and emotional support animals for individuals with disabilities are not considered pets under fair housing laws, and reasonable accommodations must be made for them, regardless of your pet policy.