HomeRocketRent Logo

Vermont Sublease Agreement

A Vermont sublease agreement is a legal contract that allows an existing tenant, referred to as the “Sublessor,” to rent out all or part of their residence to another tenant, known as the “Sublessee,” before the original lease has expired. The Sublessor remains responsible for the original lease until it concludes, while the Sublessee enters into a separate agreement with the Sublessor.

Vermont Sublease Agreement

Vermont Sublease Agreement

Right to Sublet

According to Vermont state law, landlords can condition or prohibit subletting as long as it is clearly stated in the written rental agreement. Tenants may be required to provide the name and contact information of any sublessee occupying the dwelling. If the lease is unclear about subleasing, tenants should contact their landlord for clarification.

Permission to Sublet

Tenants must obtain explicit written permission from their landlord to sublet in Vermont. Even after permission is granted, landlords retain the right to reject a subtenant based on qualifications, such as having a pet or a poor work history.

Standardized Vermont Sublease Agreements

A standardized Vermont sublease agreement typically includes the following elements:

  • Names of the Parties: Identification of the Sublessor and Sublessee.
  • Rental Unit Location: Address of the rental unit as described in the master lease.
  • Rent: Amount of rent, payment due dates, and payment methods.
  • Term: Start and end dates of the sublease.
  • General Conditions: Statement that the sublease agreement contains all agreements and can only be modified in writing.
  • Master Lease Inclusion: Attachment of the Master Lease and any exceptions noted.
  • Landlord’s Consent: Description of how the landlord’s permission is obtained.
  • Security Deposit: Information regarding the security deposit, which is held by the Sublessor.
  • Return of Security Deposit: Landlords must return the security deposit within 14 days after the tenant vacates, along with an itemized statement of deductions.
  • Lead-Based Paint Notice: Required notice if the rental unit was built before 1978.
  • Inventory of Included Items: List of items included in the rental unit.
  • Utilities: Specification of which utilities are paid by the Sublessor and Sublessee.
  • Disputes: Description of how disputes will be resolved.
  • Liability: Liability for damages incurred by the Sublessee.
  • Authorized Occupants: Identification of authorized tenants and guests.
  • Parking Policy: Designation of parking areas and fees.
  • Smoking Policy: Any restrictions on smoking.
  • Signature: Signatures of all parties involved.

Tax Implications of a Sublease

In Vermont, sublessors may be subject to the state Meals and Rooms Tax if they sublet for less than 30 days. The tax rates are as follows:

  • State Meals and Rooms Tax: 9%
  • Local Meals and Rooms Tax: 1% (if applicable)

Counties and cities may impose an additional 1% on the Meals and Rooms Tax. The Vermont Department of Taxes provides a list of locations that levy this additional tax.

Filing Frequency

The Vermont Department of Taxes assigns filing frequency based on the previous year’s tax liability:

  • Monthly Filers: Tax liability over $500, due on the 25th of each month.
  • Quarterly Filers: Tax liability under $500, due on the 25th day of April, July, October, and January.

Payments are made to the Vermont Department of Taxes, and platforms like Airbnb may collect and remit the tax on behalf of sublessors.

Security Deposit Obligations

The sublessor is responsible for returning the security deposit within 14 days after the sublease ends. If the original lease or sublease is not renewed, the sublessor must provide the appropriate notice based on the duration of the subtenant’s stay:

  • 14 Days: For subtenants living at the property for two years or less.
  • 60 Days: For subtenants living at the property for more than two years.

Statutes

FAQs

Yes, in Vermont, you need explicit written permission from your landlord to sublet your apartment. If the original lease does not allow subletting, you must obtain written consent from the landlord before proceeding with a sublease.

A Vermont sublease agreement should include the names of the parties, rental unit location, rent details, term of the sublease, security deposit information, and any specific conditions regarding utilities, disputes, and authorized occupants. It should also include a section for the landlord’s consent if required.

If you sublet a property in Vermont for less than 30 days, you may be subject to the Vermont Meals and Rooms Tax, which includes a 9% state tax and potentially a 1% local tax. It’s important to check local regulations as some cities may impose additional taxes.

In Vermont, a landlord must return the security deposit to the sublessor within 14 days after the subtenant vacates the rental unit, along with an itemized statement of any deductions.

Yes, a landlord can deny a tenant’s request to sublet, but they must provide a lawful and nondiscriminatory reason for the denial. This is in accordance with Vermont regulations regarding subletting.

If your lease does not mention subletting, you should contact your landlord for clarification. Vermont law allows landlords to set conditions or prohibit subletting, so it’s essential to confirm the terms with them.

To create a sublease in Vermont, you should draft a written agreement that includes all necessary details such as the parties involved, rental unit address, rent amount, term, and any specific conditions. Ensure you obtain your landlord’s consent if required and attach a copy of the master lease.

Yes, subleases in Vermont are governed by specific laws outlined in Vermont Statutes Title 9, Chapter 137, which covers residential rental agreements and includes provisions for subleasing and security deposits.