Vermont Roommate Agreement
A Vermont room rental agreement, commonly referred to as a roommate agreement, is a legal contract that allows tenants to share a dwelling with one or more co-tenants. This agreement establishes rules for those sharing the space and clarifies the responsibilities of each party involved.

Vermont Roommate Agreement
Key Components of a Vermont Room Rental Agreement
-
Parties Involved: Clearly specify who is making the agreement, the location of the property, and the landlord’s identity. Include current contact information for all signatories.
-
Lease Term: Note the duration of the existing lease and the length of the roommate agreement.
-
Security Deposit: Discuss how the security deposit will be divided among roommates and outline rules for its return or any deductions.
-
Rent Payment: State the total rent amount and how it will be split among the roommates.
-
Utility Payments: Determine how utility payments will be divided and specify who is responsible for making these payments to the utility companies.
-
Lease Violations: Establish rules for handling violations of the lease or roommate agreement, including procedures for when a roommate needs to move out early.
-
House Rules: List any house rules regarding food, cleaning, guests, etc.
-
Room Assignments: Allocate bedrooms and decide which areas will be shared or private.
-
Signatures: Ensure all parties sign and date the agreement, and attach the completed landlord consent form.
Types of Roommate Arrangements in Vermont
Understanding the different types of tenancy is crucial before entering into a roommate agreement:
Co-tenancy
In a co-tenancy arrangement, all roommates are on the same lease and share equal responsibility for adhering to the lease terms. Co-tenants pay rent to the same landlord and do not have the authority to evict one another; any misconduct must be reported to the landlord.
Subtenancy
In a subtenancy arrangement, the original tenant acts as the landlord to the subtenant. The original tenant collects rent from the subtenant and is responsible for addressing any rental issues. The original tenant can typically evict the subtenant for misconduct. Subleasing generally requires the landlord’s permission, as it can lead to lease termination and eviction.
At-Will Tenancy / Guest Tenancy
This informal arrangement allows either party to terminate the agreement at any time. The landlord may or may not have approved this situation, and the roommate is considered a guest. The original tenant can often demand the guest leave at any time, although this may depend on the lease and local laws.
Lease Violations in Roommate Situations
Roommates, as co-tenants, are “jointly and severally liable” for the lease terms. This means that each co-tenant is fully responsible for compliance with the lease. The landlord can pursue full recovery of unpaid rent or damages from any co-tenant. If a roommate who has not signed the original lease violates any terms, the original tenant will be liable for those violations.
Resolving Roommate Disputes in Vermont
In the event of a dispute, the lease takes precedence over the roommate agreement. This limitation affects the enforceability of house rules regarding shared responsibilities. House rules about food sharing, chores, and quiet hours may not be enforceable in court. Co-tenants experiencing disagreements unrelated to the lease may consider mediation or arbitration through a neutral third party.
Statutes
- Vt. Stat. tit. 9 § 4461(b) – Security deposits
- Vt. Stat. tit. 9 § 4461(c) – Security deposits
- Vt. Stat. tit. 9 § 4461(e) – Security deposits
- Vt. Stat. tit. 9 § 4461(g) – Security deposits
- Vt. Stat. tit. 9 § 4455(a) – Tenant obligations; payment of rent
- Vt. Stat. tit. 9 § 4455(b) – Tenant obligations; payment of rent
- Vt. Stat. tit. 9 § 4456(a) – Tenant obligations; use and maintenance of dwelling unit
- Vt. Stat. tit. 9 § 4456(e) – Tenant obligations; use and maintenance of dwelling unit
- Vt. Stat. tit. 9 § 4456 – Tenant obligations; use and maintenance of dwelling unit
- Vt. Stat. tit. 9 § 4458 – Habitability; tenant remedies
- Vt. Stat. tit. 9 § 4459(a) – Minor defects; repair and deduct
- Vt. Stat. tit. 9 § 4462 – Abandonment; unclaimed property
- Vt. Stat. tit. 9 § 4467(a) – Termination of tenancy; notice
- Vt. Stat. tit. 9 § 4467(b)(1) and (2 – Termination of tenancy; notice
- Vt. Stat. tit. 9 § 4467(c)(1)(B) – Termination of tenancy; notice
- Vt. Stat. tit. 9 § 4467(d) – Termination of tenancy; notice
- Vt. Stat. tit. 9 § 4467(e) – Termination of tenancy; notice
- Vt. Stat. tit. 9 § 4467(c)(1)(A) – Termination of tenancy; notice
- Vt. Stat. tit. 9 § 4467(c)(2) – Termination of tenancy; notice
- Vt. Stat. tit. 9 § 4460 – Access
- Vt. Stat. tit. 9 § 4457 – Landlord obligations; habitability
- Vt. Stat. tit. 9 § 4465 – Retaliatory conduct prohibited
- 12 V.S.A. § 5531 – Rules governing procedure
FAQs
A Vermont roommate agreement is a contract among tenants sharing a dwelling, outlining rules and responsibilities related to rent, utilities, and the care of the property. It ensures that all roommates are on the same lease and share equal responsibilities to the landlord.
Key components of a Vermont roommate agreement include the identification of all parties involved, the lease term, security deposit arrangements, rent distribution, utility payment responsibilities, house rules, and procedures for handling lease violations or early move-outs.
Co-tenancy means all roommates are on the same lease with equal responsibilities to the landlord, while subtenancy involves one original tenant acting as a landlord to a subtenant. In subtenancy, the original tenant can evict the subtenant, whereas co-tenants cannot evict each other without landlord involvement.
In Vermont, roommates as co-tenants are jointly and severally liable for lease violations, meaning any one of them can be held fully responsible for unpaid rent or other lease terms. If one roommate fails to pay their share, the landlord can seek full payment from any of the co-tenants.
The roommate agreement should specify the procedures for a roommate needing to move out early, including how to handle rent payments and security deposits. Generally, the remaining roommates may need to cover the departing roommate’s share until a replacement is found or the lease term ends.
House rules established in a Vermont roommate agreement, such as those regarding food sharing or cleaning duties, are generally not enforceable in court. The original lease takes precedence, and disputes not related to the lease may require mediation or arbitration.
The security deposit section should outline how the deposit is split among roommates, the conditions for returning the deposit, and any rules for deducting amounts for damages or unpaid rent. Clear agreements help prevent disputes when the lease ends.
The landlord’s role in a Vermont roommate agreement includes approving the roommate arrangement and ensuring that all tenants are on the lease. The landlord can enforce lease terms and is responsible for addressing any violations committed by the co-tenants.