HomeRocketRent Logo
Sign Up

Start today for FREE.

Vermont

This article provides a quick overview of some key Vermont Landlord-Tenant laws applicable to residential rental units. We’ve used the Official Vermont Statutes cited below to research this information and it should be a good starting point in learning about the law.

Sign Up

Vermont Commercial Lease Agreement

Vermont Landlord Tenant Key Rules

Official Vermont Forms:

Leases

Notices

Addendums

Forms

Property Management

Disclosures

Checklists

 

Applications

Letters

 

Security Deposit

TOPIC RULE
Security Deposit Maximum: No statute.
Security Deposit Interest: There is no statewide statute specifiying interest accrued by a security deposit, though towns and municipalities in Vermont are allowed to adopt ordinances authorizing the interest payments. Vt. Stat. tit. 9 § 4461(g)
Separate Security Deposit Bank Account: No statute.
Non-refundable fees: No statute.
Pet Deposits and Additional Fees: No statute.
Deadline for Returning Security Deposit: Landlords are required to return the tenant’s security deposit, along with an itemized statement detailing any deductions, within 14 days after the tenant vacates the rental property. For tenants renting a property on a seasonal basis, the security deposit and the accompanying statement must be returned within 60 days of the tenant’s termination of the rental lease. Vt. Stat. tit. 9 § 4461(c)
Permitted Uses of the Deposit: Landlords are permitted to use all or part of the security deposit to cover the following expenses: 1. Nonpayment of rent: If the tenant fails to pay rent owed. 2. For any damage caused by the tenant that exceeds the expected wear and tear associated with regular use. 3. Unpaid utility charges: For utility bills that the tenant was responsible for paying directly to the landlord but did not pay. 4. Costs of removing abandoned property: Expenses incurred by the landlord for removing belongings left behind by the tenant after vacating the rental unit. Vt. Stat. tit. 9 § 4461(b)
Security Deposit can be Withheld: Yes, it can be withheld under certain circumstances. Vt. Stat. tit. 9 § 4461
Require Written Description/Itemized List of Damages and Charges: The itemizes list of damages must accompany the security deposit when it is returned to the tenant following the termination of a lease. Vt. Stat. tit. 9 § 4461(c)
Receipt of Security Deposit: No statute.
Record Keeping of Deposit Withholdings: No statute.
Failure to Comply: If the landlord fails to return the deposit within 14 days of lease termination, the landlord forfeits the right to withhold any part of the secuity deposit. If the landlord willfully withholds the secuirty deposit without cause, they can be liable for twice the amount of the security deposit, plus any attorney’s fees and related court costs. Vt. Stat. tit. 9 § 4461(e)

Lease, Rent & Fees

TOPIC RULE
Rent is Due: Rent is due without demand or notice on a date and location the parties agree to in the lease agreement. Vt. Stat. tit. 9 § 4455(a)
Payment Methods: No statute.
Rent Increase Notice: Landlords are required to give 60 days’ notice before increasing rent. Vt. Stat. tit. 9 § 4455(b)
Late Fees: No statute, though the 1991 Vermont Supreme Court ruling in Highgate Associates, Ltd. v. Lorna Merryfield established a prohibiition against late fees which are charged as penalties. Late fees charged as actual compensation for costs incurred by landlords as a result of delayed rent payments are the only acceptable times that a late fee can be charged.
Application Fees: Application fees are prohibited by state law. Vt. Stat. tit. 9 § 4456a
Prepaid Rent: No statute.
Returned Check Fees: No statute.
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Tenants have the right to withhold rent if there are significant health code violations in their rental property. Tenants must have notified the landlord about the issue and the landlord has failed to make the necessary repairs or changes to be eligible. In addition to withholding rent, tenants are also permitted to seek injunctive relief, which is a court order requiring the landlord to make the noted repairs. Tenants may be entitled to recover damages, legal costs, and reasonable attorney’s fees if they pursue legal action. Vt. Stat. tit. 9 § 4458
Tenant Allowed to Repair and Deduct Rent: If a landlord fails to make minor repairs within 30 days of being notified by the tenant, tenants have the right to make the repairs themselves and deduct the cost from their monthly rent. The amount deducted cannot exceed half of one month’s rent. Tenants are required to inform the landlord of the repair costs at the time the rent is deducted. This provision allows tenants to ensure that necessary repairs are made while providing a clear process for handling the financial aspects of such repairs. Vt. Stat. tit. 9 § 4459
Self-Help Evictions: No statute.
Landlord Allowed to Recover Court and Attorney’s Fees: Yes. Vt. Stat. tit. 9 § 4456(e)
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: No, however, if the landlord rents the dwelling unit before the expiration of the current rental agreement, the agreement terminates on the date of the new tenancy. Vt. Stat. tit. 9 § 4462

Notices and Entry

TOPIC RULE
Notice to Terminate Tenancy: No statute. Typically, no notice is needed since the lease simply expires. In the case of no-cause evictions for tenancies of two years plus, at least 90 days’ notice is required. In the case of no-cause evictions for tenancies of two years or less, at least 60 days’ notice is required. Vt. Stat. tit. 9 § 4467
Notice to Terminate a Periodic Lease – Month-to-Month: At least 30 days’ notice is required. Vt. Stat. tit. 9 § 4467(e)
Notice to Terminate a Periodic Lease – Week-to-week: At least 21 days’ notice is required. Vt. Stat. tit. 9 § 4467(c)(2)
Notice to Terminate Lease due to Sale of Property: At least 3 days’ notice is required. Vt. Stat. tit. 9 § 4467(e)
Notice of date/time of Move-Out Inspection: No statute.
Notice of Termination for Nonpayment: 14 days’ notice is required. Vt. Stat. tit. 9 § 4467(a)
Notice for Lease Violation: 30 days’ notice is required for lease violations; 14 days’ notice is required if the eviction notice is due to criminal activity. Vt. Stat. tit. 9 § 4467(b(1) and (2)
Required Notice before Entry: The landlord is required to provide 48 hours’ of notice and can only enter the rental unit between 9:00 am and 9:00 pm. Vt. Stat. tit. 9 § 4460
Entry Allowed with Notice for Maintenance and Repairs: Yes. Vt. Stat. tit. 9 § 4460
Emergency Entry Allowed without Notice: Yes. Vt. Stat. tit. 9 § 4460
Entry Allowed During Tenant’s Extended Absence: No statute.
Entry Allowed with Notice for Showing the Property: No statute.
Notice to Tenants for Pesticide Use: No statute.
Lockouts Allowed: No statute.
Utility Shut-offs Allowed: No. See the Vermont Department of Health’s Rental Housing Health Code, Section 12.1.2
Electronic Notices Allowed: no

Disclosures

  • Name and Addresses: Landlord must disclose name and address of owner and authorized agents. (9 V.S.A. § 4451)
  • Copy of the Lease: Tenant must be provided with a copy of the lease. (Standard practice)
  • Domestic Violence Situations: Victims may terminate lease with documentation and 30 days’ notice. (9 V.S.A. § 4463)

Duties

Landlord’s Duties

Tenant’s Duties