Breaking a lease in Vermont

A tenant who abandons the unit stays liable for rent until the rental agreement expires, but if you rent the unit to someone else first, the agreement ends on the date the new tenancy begins. The specific rights below let a tenant leave early without that liability.

9 V.S.A. § 4462(b)

• A protected tenant (a victim of abuse, sexual assault or stalking, or a parent, foster parent, legal guardian or caretaker with at least partial physical custody of one) may end the agreement without penalty or liability on a reasonable belief that leaving is necessary because of fear of imminent harm, or after a sexual assault on the premises within the previous six months. The tenant must give written notice and supporting documentation at least 30 days before the termination date. 9 V.S.A. § 4471 9 V.S.A. § 4472(a), (b)
• The documentation may come from a court, law enforcement or other government agency, an abuse, sexual assault or stalking assistance program, a legal, clerical, medical or other professional who helped the tenant, or a self-certification signed under penalty of perjury on a standard government or nonprofit form. Unless you have already signed a lease with a new tenant, the notice is cancelled if the tenant revokes it in writing or has not moved out by the termination date. 9 V.S.A. § 4472(b)(2), (c)
• A tenant may also end the agreement on reasonable notice when a habitability problem that materially affects health and safety goes unrepaired after notice. 9 V.S.A. § 4458(a)(4) See Tenant repair remedies on the Vermont page
• Under federal law, a servicemember may end a residential lease after entering military service or receiving orders for a permanent change of station or a deployment of at least 90 days, by written notice with a copy of the orders. With monthly rent, the termination takes effect 30 days after the next rent due date following the notice. 50 U.S.C. § 3955

Where there is no written rental agreement and rent is paid monthly, you may end the tenancy without cause by actual notice of at least 60 days, or at least 90 days once the tenant has lived there continuously for more than two years. With weekly rent the notice is at least 21 days. Under a written agreement, a no-cause notice must come at least 30 days before the end of the stated term, or 60 days once the tenancy has lasted more than two years, and at least 7 days under a written week-to-week agreement.

9 V.S.A. § 4467(c), (e)

• A tenant may end a tenancy by actual notice at least one rental period before the termination date, unless a written rental agreement or other law says otherwise. 9 V.S.A. § 4456(d)
• Where there is no written agreement and you have contracted to sell the building, 30 days' actual notice is enough. 9 V.S.A. § 4467(d)
• If you rent a room in your own home with shared living room, kitchen or bathroom, either side may end the arrangement on at least 15 days' actual notice with monthly rent, or 7 days with weekly rent. 9 V.S.A. § 4467(h)
• Every notice must state the termination date. 9 V.S.A. § 4467(f)