Vermont Landlord-Tenant Law

As used in this chapter: (1) 'Actual notice' means receipt of written notice hand-delivered or mailed to the last known address. A rebuttable presumption that the notice was received three days after mailing is created if the sending party proves that the notice was sent by first-class or certified U.S. mail. (2) 'Building, housing, and health regulations' means any law, ordinance, or governmental regulation concerning health, safety, sanitation, or fitness for habitation or concerning the construction, maintenance, operation, occupancy, use, or appearance of any premises or dwelling unit. (3) 'Dwelling unit' means a building or the part of a building that is used as a home, residence, or sleeping place by one or more persons who maintain a household. (4) 'Landlord' means the owner, lessor, or where applicable, the sublessor of a residential dwelling unit or the building of which it is a part. (5) 'Normal wear and tear' means the deterioration that occurs, based upon the reasonable use for which the rental unit is intended, without negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant or members of his or her household or their invitees or guests. (6) 'Premises' means a dwelling unit, its appurtenances and the building, and the grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant. (7) 'Rent' means all consideration to be made to or for the benefit of the landlord under the rental agreement, not including security deposits. (8) 'Rental agreement' means all agreements, written or oral, embodying terms and conditions concerning the use and occupancy of a dwelling unit and premises. (9) 'Sublease' means a rental agreement, written or oral, embodying terms and conditions concerning the use and occupancy of a dwelling unit and premises between two tenants, a sublessor, and a sublessee. (10) 'Tenant' means a person entitled under a rental agreement to occupy a residential dwelling unit to the exclusion of others.

(a) Unless created to avoid the application of this chapter, this chapter does not apply to: (1) occupancy at a public or private institution operated for the purpose of providing medical, geriatric, educational, counseling, religious, or similar service; (2) occupancy under a contract of sale of a dwelling unit if the occupant is the purchaser or successor; (3) occupancy by a member of a fraternal, social, or religious organization in the portion of a building operated for the benefit of the organization; (4) transient occupancy in a hotel, motel, or lodgings subject to 32 V.S.A. chapter 225 tax; (5) occupancy by a condominium unit owner or cooperative proprietary lease holder; (6) rental of a mobile home lot governed by 10 V.S.A. chapter 153; (7) transient residence in a campground for seasonal or short-term vacation or recreational purposes; (8) transient hotel/motel occupancy by a General Assistance or Emergency Assistance recipient, or certain federally funded Emergency Rental Assistance placements; (9) occupancy without right or permission by a non-tenant; (10) transient occupancy paid for by a licensed hospital or designated agency for health care treatment or recovery. (b) A certified recovery residence may immediately exit or transfer a resident without the standard eviction process when specific conditions are met, including an approved residential agreement, resident consent reaffirmed after seven days, violation of the substance use policy or acts of violence, and arrangement of alternative housing. This subsection is repealed effective July 1, 2026.

Obligations imposed on landlords and tenants under this chapter shall be implied in all rental agreements.

No rental agreement shall contain any provision that attempts to circumvent or circumvents obligations and remedies established by this chapter and any such provision shall be unenforceable and void.

(a) Rent is payable without demand or notice at the time and place agreed upon by the parties. (b) An increase in rent shall take effect on the first day of the rental period following no less than 60 days' actual notice to the tenant.

(a) The tenant shall not create or contribute to the noncompliance of the dwelling unit with applicable provisions of building, housing, and health regulations. (b) The tenant shall conduct himself or herself and require other persons on the premises with the tenant's consent to conduct themselves in a manner that will not disturb other tenants' peaceful enjoyment of the premises. (c) The tenant shall not deliberately or negligently destroy, deface, damage, or remove any part of the premises or its fixtures, mechanical systems, or furnishings or deliberately or negligently permit any person to do so. (d) Unless inconsistent with a written rental agreement or otherwise provided by law, a tenant may terminate a tenancy by actual notice given to the landlord at least one rental payment period prior to the termination date specified in the notice. (e) If a tenant acts in violation of this section, the landlord is entitled to recover damages, costs, and reasonable attorney's fees, and the violation shall be grounds for termination under subsection 4467(b).

(a) A landlord or a landlord's agent shall not charge an application fee to any individual in order to apply to enter into a rental agreement for a residential dwelling unit. This subsection shall not be construed to prohibit a person from charging a fee to a person in order to apply to rent commercial or nonresidential property. (b)(1) In order to conduct a background or credit check, a landlord shall accept any of the following: (A) an original or a copy of any unexpired form of government-issued identification; (B) an Individual Taxpayer Identification Number; or (C) a Social Security number. (2) A landlord or a landlord's agent shall not require a Social Security number for the completion of a residential rental application or refuse to accept an application due to the lack of a Social Security number.

(a)(1) A landlord may condition or prohibit subleasing a dwelling unit under the terms of a written rental agreement and may require a tenant to provide written notice of the name and contact information of any sublessee occupying the dwelling unit. (2) If the terms of a written rental agreement prohibit subleasing the dwelling unit, the landlord or tenant may bring an action for ejectment pursuant to 12 V.S.A. §§ 4761 and 4853b against a person occupying the dwelling unit without right or permission. (b) In the absence of a written rental agreement, a tenant shall provide the landlord with written notice of the name and contact information of any sublessee occupying the dwelling unit.

(a) Warranty of habitability. In any residential rental agreement, the landlord shall be deemed to covenant and warrant to deliver over and maintain, throughout the period of the tenancy, premises that are safe, clean, and fit for human habitation and that comply with the requirements of applicable building, housing, and health regulations. (b) Waiver. No rental agreement shall contain any provision by which the tenant waives the protections of the implied warranty of habitability. Any such waiver shall be deemed contrary to public policy and shall be unenforceable and void. (c) Heat and water. As part of the implied warranty of habitability, the landlord shall ensure that the dwelling unit has heating facilities that are capable of safely providing a reasonable amount of heat. Every landlord who provides heat as part of the rental agreement shall at all times supply a reasonable amount of heat to the dwelling unit. The landlord shall provide an adequate amount of water to each dwelling unit properly connected with hot and cold water lines. The hot water lines shall be connected with supplied water-heating facilities capable of heating sufficient water to permit an adequate amount to be drawn. This subsection shall not apply to a dwelling unit intended and rented for summer occupancy or as a hunting camp.

(a) If the landlord fails to comply with the landlord's obligations for habitability and, after receiving actual notice of the noncompliance from the tenant, a governmental entity or a qualified independent inspector, the landlord fails to make repairs within a reasonable time and the noncompliance materially affects health and safety, the tenant may: (1) withhold the payment of rent for the period of the noncompliance; (2) obtain injunctive relief; (3) recover damages, costs, and reasonable attorney's fees; and (4) terminate the rental agreement on reasonable notice. (b) Tenant remedies under this section are not available if the noncompliance was caused by the negligent or deliberate act or omission of the tenant or a person on the premises with the tenant's consent.

(a) If within 30 days of notice, the landlord fails to repair a minor defect in order to comply with this chapter or a material provision of the rental agreement, the tenant may repair the defect and deduct from the rent the actual and reasonable cost of the work, not to exceed one-half of one month's rent. The tenant shall provide the landlord with actual notice of the cost of the repair when the cost is deducted from the rent. (b) The tenant remedies under this section are not available if the noncompliance was caused by the negligent or deliberate act or omission of the tenant or a person on the premises with the tenant's consent.

(a) A landlord may enter the dwelling unit with the tenant's consent, which shall not be unreasonably withheld. (b) A landlord may also enter the dwelling unit for the following purposes between the hours of 9:00 A.M. and 9:00 P.M. on no less than 48 hours' notice: (1) when necessary to inspect the premises; (2) to make necessary or agreed repairs, alterations, or improvements; (3) to supply agreed services; or (4) to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. (c) A landlord may only enter the dwelling unit without consent or notice when the landlord has a reasonable belief that there is imminent danger to any person or to property.

(a) A security deposit is any advance, deposit, or prepaid rent, however named, which is refundable to the tenant at the termination or expiration of the tenancy. The function of a security deposit is to secure the performance of a tenant's obligations to pay rent and to maintain a dwelling unit. (b) The landlord may retain all or a portion of the security deposit for: (1) nonpayment of rent; (2) damage to property of the landlord, unless the damage is the result of normal wear and tear or the result of actions or events beyond the control of the tenant; (3) nonpayment of utility or other charges that the tenant was required to pay directly to the landlord or to a utility; and (4) expenses required to remove from the rental unit articles abandoned by the tenant. (c) A landlord shall return the security deposit along with a written statement itemizing any deductions to a tenant within 14 days from the date on which the landlord discovers that the tenant vacated or abandoned the dwelling unit or the date the tenant vacated the dwelling unit, provided the landlord received notice from the tenant of that date. In the case of the seasonal occupancy and rental of a dwelling unit not intended as a primary residence, the security deposit and written statement shall be returned within 60 days. (d) The landlord shall comply with this section by hand-delivering or mailing the statement and any payment required to the last known address of the tenant. (e) If a landlord fails to return the security deposit with a statement within 14 days, the landlord forfeits the right to withhold any portion of the security deposit. If the failure is willful, the landlord shall be liable for double the amount wrongfully withheld, plus reasonable attorney's fees and costs. (f) Upon termination of the landlord's interest in the dwelling unit, the security deposit shall be transferred to the new landlord. The new landlord shall give the tenant actual notice of the new landlord's name and address with a statement that the security deposit has been transferred. (g) A town or municipality may adopt an ordinance governing security deposits on dwellings supplemental to and not inconsistent with the minimum protections of this section.

(a) A tenant has abandoned a dwelling unit if: (1) there are circumstances that would lead a reasonable person to believe that the dwelling unit is no longer occupied as a full-time residence; (2) rent is not current; and (3) the landlord has made reasonable efforts to ascertain the tenant's intentions. (b) If the tenant abandons the dwelling unit, the tenant shall remain liable for rent until the expiration of the rental agreement. However, if the landlord rents the dwelling unit before the expiration of the rental agreement, the agreement terminates on the date of the new tenancy. (c)(1) If any property, except trash, is unclaimed by a tenant who has abandoned a dwelling unit, the landlord shall give written notice mailed to the tenant's last known address that the landlord intends to dispose of the property after 60 days if the tenant has not claimed the property and paid reasonable storage fees. The landlord shall place the property in a safe, dry, secured location. The tenant may claim the property within 60 days by providing a written description and paying storage costs. (2) If the tenant does not claim the property within 60 days, the property becomes the landlord's. (d) Any personal property remaining after the tenant vacates may be disposed of without notice or liability if the tenant provided actual notice of vacating or vacated at the end of the rental agreement.

(a) No landlord may willfully cause, directly or indirectly, the interruption or termination of any utility service being supplied to the tenant, except for temporary interruptions for emergency repairs. (b) No landlord may directly or indirectly deny a tenant access to and possession of the tenant's rented or leased premises, except through proper judicial process. (c) No landlord may directly or indirectly deny a tenant access to and possession of the tenant's property, except through proper judicial process.

(a) Any tenant who sustains damage or injury as a result of an illegal eviction may bring an action for injunctive relief, damages, costs, and reasonable attorney's fees. (b) A court may award reasonable attorney's fees to the landlord if, upon motion and hearing, it is determined that the action was not brought in good faith and was frivolous or intended for harassment only.

(a) A landlord of a residential dwelling unit may not retaliate by establishing or changing terms of a rental agreement or by bringing or threatening to bring an action against a tenant who: (1) has complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health regulation of a violation applicable to the premises materially affecting health and safety; (2) has complained to the landlord of a violation of this chapter; or (3) has organized or become a member of a tenant's union or similar organization. (b) If the landlord acts in violation of this section, the tenant is entitled to recover damages and reasonable attorney's fees and has a defense in any retaliatory action for possession. (c) If a landlord serves notice of termination of tenancy on any grounds other than for nonpayment of rent within 90 days after notice by any municipal or State governmental entity that the premises are not in compliance with applicable health or safety regulations, there is a rebuttable presumption that any termination by the landlord is in retaliation for the tenant having reported the noncompliance.

(a) A landlord shall disclose in advance of entering a rental agreement with a tenant whether any portion of the premises offered for rent is located in a Federal Emergency Management Agency mapped special flood hazard area. This notice shall be provided to the tenant at or before execution of the lease in a separate written document substantially in the form prescribed by the Department of Housing and Community Development pursuant to subsection (b) of this section. (b) The Department of Housing and Community Development shall develop a model form for the notice provided under this section.

(a) Termination for nonpayment of rent. The landlord may terminate a tenancy for nonpayment of rent by providing actual notice to the tenant of the date on which the tenancy will terminate, which shall be at least 14 days after the date of the actual notice. The rental agreement shall not terminate if the tenant pays or tenders rent due through the end of the rental period in which payment is made or tendered. Acceptance of partial payment of rent shall not constitute a waiver of the landlord's remedies for nonpayment of rent or an accord and satisfaction for nonpayment of rent.

(b) Termination for breach of rental agreement. (1) The landlord may terminate a tenancy for failure of the tenant to comply with a material term of the rental agreement or with obligations imposed under this chapter by actual notice given to the tenant at least 30 days prior to the termination date specified in the notice. (2) When termination is based on criminal activity, illegal drug activity, or acts of violence, any of which threaten the health or safety of other residents, the landlord may terminate the tenancy by providing actual notice to the tenant of the date on which the tenancy will terminate, which shall be at least 14 days from the date of the actual notice.

(c) Termination for no cause. In the absence of a written rental agreement, the landlord may terminate a tenancy for no cause as follows: (1) If rent is payable on a monthly basis, by providing actual notice to the tenant of the date on which the tenancy will terminate, which shall be: (A) for tenants who have resided continuously in the same premises for two years or less, at least 60 days after the date of the actual notice; (B) for tenants who have resided continuously in the same premises for more than two years, at least 90 days after the date of the actual notice. (2) If rent is payable on a weekly basis, by providing actual notice to the tenant of the date on which the tenancy will terminate, which shall be at least 21 days after the date of the actual notice.

(d) Termination of rental agreement when property is sold. In the absence of a written rental agreement a landlord who has contracted to sell the building may terminate a tenancy by providing actual notice to the tenant of the date on which the tenancy will terminate, which shall be at least 30 days after the date of the actual notice. (e) Termination for no cause under terms of written rental agreement. If there is a written rental agreement, the notice to terminate for no cause shall be at least 30 days before the end or expiration of the stated term of the rental agreement if the tenancy has continued for two years or less. The notice to terminate for no cause shall be at least 60 days before the end or expiration of the term if the tenancy has continued for more than two years. If there is a written week-to-week rental agreement, the notice to terminate for no cause shall be at least seven days; however, a notice to terminate for nonpayment of rent shall be as provided in subsection (a).

(f) Termination date. In all cases, the termination date shall be specifically stated in the notice. (g) Conversion to condominium. Notice shall be given in accordance with 27 V.S.A. chapter 15, subchapter 2. (h) Termination of shared occupancy. A rental arrangement whereby a person rents to another individual one or more rooms in his or her personal residence that includes the shared use of any of the common living spaces may be terminated by either party by providing actual notice, which shall be at least 15 days after the date of actual notice if rent is payable monthly and at least seven days if rent is payable weekly. (i) Multiple notices. All actual notices in compliance with this section shall not invalidate any other actual notice and shall each be a valid basis for commencing and maintaining an action for possession. A landlord may maintain an ejectment action and rely on as many grounds for ejectment as are allowed by law. (j) Payment after termination; effect. (1) A landlord's acceptance of full or partial rent payment after termination of the tenancy for reasons other than nonpayment, or at any time during the ejectment action, shall not result in dismissal of the ejectment action or constitute a waiver of the landlord's remedies for lease breach, tenant obligation violations, or no-cause terminations. (k) Commencement of ejectment action. A notice to terminate a tenancy shall be insufficient to support a judgment of eviction unless the proceeding is commenced not later than 60 days from the termination date set forth in the notice.

If the tenant remains in possession after termination of the rental agreement without the express consent of the landlord, the landlord may bring an action for possession, damages, and costs under 12 V.S.A. chapter 169, subchapter 3.

(a) Except as provided in subsection (c) of this section, an owner of privately owned age-restricted residential property within the State that is not licensed pursuant to 33 V.S.A. chapter 71 or 8 V.S.A. chapter 151 shall provide written notification on a form provided by the Department of Housing and Community Development to the Department and all the affected residents of any rent increase at the property not later than 60 days before the effective date of the proposed increase. The notice shall include: (1) the amount of the proposed rent increase; (2) the effective date of the increase; (3) a copy of the resident's rights pursuant to this section; and (4) the percentage of increase from the current base rent. (b) If the owner fails to notify either the residents or the Department of a rent increase as required by subsection (a), the proposed rent increase shall be ineffective and unenforceable. (c) This section shall not apply to any rent increase at any publicly subsidized affordable housing that is monitored by a State or federal agency for rent limitations.

(a) As used in this section: (1) 'Farm employee' means an individual employed by a farm employer for farming operations. (2) 'Farm employer' means a person earning at least one-half of his or her annual gross income from farming. (3) 'Housing provided as a benefit of farm employment' means housing owned or controlled by the farm employer, provided for the occupancy of the farm employee and family or household members for no payment other than the farm employee's labor. (b) Unless otherwise provided in a written employment contract, a farm employer who provides housing to a farm employee as a benefit of the employment may terminate that benefit and all rights to occupy the housing when the employee's employment is terminated. (c) Termination shall be by written notice served upon the former farm employee by a law enforcement officer in accordance with Rule 4 of the Vermont Rules of Civil Procedure, together with a summons and complaint seeking a writ of possession. The notice shall include required boldface statements advising the former employee of the legal proceeding, the right to a hearing at least 10 days after service, the right to appear, and the availability of legal assistance. (d)–(e) The farm employer is entitled to an expedited show-cause hearing; if the court finds actual hardship due to unavailability of housing for a replacement employee, the court shall enter a writ of possession executable not earlier than 5 business days and not later than 30 days after service. (f) If actual hardship is not found, the farm employer must proceed under §§ 4467 and 4468 and 12 V.S.A. ch. 169. (g) Former employee counterclaims are preserved but do not delay removal or entitle the employee to injunctive relief for repossession. (h) Sections 4455, 4461, and 4467 of this chapter shall not apply to housing provided to a farm employee as a benefit of the employment.

§ 4471 Definitions: (1) 'Abuse' has the same meaning as in 15 V.S.A. § 1101. (2) 'Protected tenant' means a tenant who is: (A) a victim of abuse, sexual assault, or stalking; or (B) a parent, foster parent, legal guardian, or caretaker with at least partial physical custody of a victim of abuse, sexual assault, or stalking. (3) 'Sexual assault' and 'stalking' have the same meaning as in 12 V.S.A. § 5131. § 4472: (a) Notwithstanding a contrary provision of a rental agreement or of subchapter 2, a protected tenant may terminate a rental agreement without penalty or liability if he or she reasonably believes it is necessary to vacate: (1) based on a fear of imminent harm due to abuse, sexual assault, or stalking; or (2) if any protected tenant was a victim of sexual assault on the premises within the six months preceding the date of notice. (b) Not less than 30 days before the date of termination, the protected tenant shall provide to the landlord: (1) written notice of termination; and (2) documentation from a court, law enforcement, government agency, assistance program, or professional, or a self-certification signed under penalty of perjury on a standard form. (c) The notice of termination may be revoked if the protected tenant notifies the landlord in writing before a new rental agreement is executed with another tenant, or if the tenant has not yet vacated and no new tenancy has begun.

§ 4473: (1) A protected tenant may request that a landlord change the locks of a dwelling unit within 48 hours following the request based on fear of imminent harm or sexual assault on the premises within the preceding six months. (2) If the perpetrator is also a co-tenant, the protected tenant must include a copy of a court order requiring the perpetrator to leave. (3) If the landlord changes the locks, the landlord shall provide a key to each remaining tenant (excluding the perpetrator subject to a court order). (4) If the landlord does not change the locks, the protected tenant may change them without prior permission, provided the tenant ensures equal or better quality, notifies the landlord within 24 hours, and provides the landlord a key. (5) The protected tenant bears the cost of new locks. (6) A protected tenant may request permission to install additional security measures (security system, camera); the landlord may not unreasonably refuse; tenant bears cost and liability for installation. § 4474: Landlords, owners, and housing subsidy providers who possess protected-tenant victim documentation must keep it confidential and may not disclose it except when authorized by the tenant, required by court order/regulation/audit, or needed as sealed evidence in a § 4472–4473 proceeding. § 4475: Except for gross negligence or willful misconduct, a landlord is immune from liability for damages to a protected tenant when acting in good faith reliance on this subchapter or on information provided by the protected tenant.