Landlord-Tenant Law

Landlord-tenant law encompasses the rights and obligations of both landlord and tenant with regard to a rental property. This area of the law covers the basics — such as duration of the lease (month-to-month, six months, one year, etc.) and how to pay and return security deposits. It also deals with more complex matters, such as how to get a renter evicted, and even situations that have escalated to disputes requiring litigation. 

Both landlord and tenant should know the basics of state and federal laws regarding rental properties in Vermont. Tenants should understand whether they can sublet their rental property, their rights to privacy and livable conditions, and how and when their security deposit should be returned. Landlords should know their rights when a tenant fails to pay rent, how to legally give notice of eviction, and how to determine tax deductions. And both parties should ensure that the lease agreement protects their legal rights and best interests. 

The Importance of Having a Lease Agreement

The lease agreement defines the landlord-tenant relationship and is intended to protect both parties’ rights. A standard lease agreement typically includes: 

• The names of landlord and tenants
• Address of the rental unit
• Description of the rental unit
• Rent payment, including amount and date to be paid
• Security deposit amount
• Pet policy
• Whether subletting is allowed

Whether you are the landlord or the tenant, it is in your best interest to have a Vermont landlord-tenant lawyer review the lease agreement before signing. Ambiguous or unclear language and boiler-plate lease agreements can come back to bite you if things go awry. Furthermore, the lease agreement may contain illegal terms, such as discriminatory exclusions, or waivers of right to sue the landlord or receive a security deposit refund. The legal team at Bergeron, Paradis & Fitzpatrick, LLP has been helping landlords and tenants protect their rights for decades. Contact us today for a confidential consultation and to learn more. 

Vermont Specific Landlord-Tenant Laws 

When it comes to landlord-tenant law, certain rights and obligations of both parties are set by federal law, while others are governed by state law and local ordinances. State-specific laws that Vermont landlords and tenants should be familiar with include: 

Security Deposits

There is no limit on the amount a landlord can charge for a security deposit, but Vermont state law does set other restrictions on security deposits, including that they must be returned within 14 days of the tenant’s move-out date. Additionally, tenants can sue for a refund of their deposit, up to $5,000. 

Rent Payments

Vermont state law stipulates that landlords must give a minimum of 30 days notice before raising rent, and they cannot file for eviction until the tenant is at least 14 days late in paying rent. However, tenants are legally allowed to withhold rent if the landlord fails to deal with substantial repairs, such as a broken heating system. 

Filing for Eviction

Vermont landlords are allowed to file for eviction after giving three notices for late payment or nonpayment within a 12-month period. However, they must first give the tenant an unconditional quit notice, which provides the tenant with 30 days to move out before the landlord can file for eviction. 

Other Vermont Landlord-Tenant Laws 

Landlords in Vermont must provide at least 48 hours of notice before entering the rental property; 

Tenants are protected against landlord retaliation; and 

Tenants who are victims of domestic violence have additional protections. 

There are also fair housing protections, local ordinances involving everything from noise regulations to anti discrimination rules, and federal landlord-tenant laws and regulations to consider. Contact a landlord-tenant attorney today to determine how to proceed. 

Contact Bergeron, Paradis & Fitzpatrick, LLP Today

If you are a landlord or tenant about to enter into a lease agreement, or you are dealing with a landlord or tenant issue, it is in your best interest to consult with a Vermont landlord-tenant attorney before taking the next step. Contact Bergeron, Paradis & Fitzpatrick, LLP today for a confidential consultation about your case.