Vermont residential lease agreement

You may not charge anyone a fee to apply to rent a home in Vermont. To run a background or credit check, you must accept any unexpired government-issued identification (the original or a copy), an Individual Taxpayer Identification Number or a Social Security number, and you may not require a Social Security number or refuse an application because it lacks one.

9 V.S.A. § 4456a

• The identification and Social Security number rules took effect July 1, 2025. 9 V.S.A. § 4456a(b)
• Fair housing law also bars refusing to rent because a person receives public assistance. 9 V.S.A. § 4503(a)(1) See Fair housing on the Vermont page

Vermont law bars refusing to rent, setting different terms, harassing, advertising a preference or falsely saying a unit is unavailable because of race, sex, sexual orientation, gender identity, age, marital status, religious creed, color, national origin, citizenship, immigration status or disability, because a person intends to live with minor children, because a person receives public assistance, or because a person is a victim of abuse, sexual assault or stalking.

9 V.S.A. § 4503(a)(1) to (4)

• Allow a tenant with a disability to make reasonable modifications at the tenant's expense, and make reasonable accommodations in rules, policies, practices or services. 9 V.S.A. § 4503(a)(9), (10)
• The rental rules do not apply to a building of three or fewer units where you or a member of your immediate family lives in one unit, though your advertising must still comply. They also do not bar refusing to rent to a minor, or to a household too large for the unit under occupancy laws. 9 V.S.A. § 4504(1) to (3)
• Legitimate business practices needed to manage the property, such as checking references, are allowed, but not as a pretext for discrimination. 9 V.S.A. § 4504(4)
• Do not disclose a tenant's status as a victim of abuse, sexual assault or stalking to harass or retaliate against the tenant, push the tenant out or regain possession. Keep any documents about that status confidential. 9 V.S.A. § 4503(a)(5) 9 V.S.A. § 4474
• A person may file a charge with the Human Rights Commission or sue in Superior Court for damages, including punitive damages, and attorney's fees. Each violation can also bring a criminal fine of up to $10,000. 9 V.S.A. § 4506(a), (b) 9 V.S.A. § 4507
• The Human Rights Commission's published housing rules require an exception to a no-pets policy for an assistance animal necessary to mitigate a qualifying mental or physical disability. Housing assistance animals can provide emotional support and need not have special training. Keep this housing accommodation analysis distinct from the narrower service-animal rules for public businesses. Vermont HRC Rules 1(a), 48, 49
• Assess the individual animal and request. The commission's housing rule identifies direct threats to others, substantial physical damage, substantial interference with others' reasonable enjoyment, an unreasonable accommodation, undue burden or a fundamental change to the dwelling as possible grounds for refusal when shown. An ordinary no-pets rule alone does not resolve the request. Vermont HRC Rule 49

Before signing, tell the tenant in a separate written document whether any part of the premises is in a FEMA-mapped special flood hazard area. For rental housing built before 1978, give approved tenants the Department of Health's approved written materials on lead hazards and a copy of your most recent RRPM (renovation, repair, painting and maintenance) compliance statement before entering the lease. The federal lead-based paint disclosure rules also apply to older housing and were not read for this page.

9 V.S.A. § 4466(a) 18 V.S.A. § 1759(d)(1)

• Owners of pre-1978 rental housing must file an RRPM compliance statement with the Department of Health and follow its rules on lead-based paint maintenance and tenant notices, unless the property is exempt because a licensed inspector-risk assessor's written report found all accessible surfaces free of lead-based paint and the Department has reviewed it. 18 V.S.A. § 1759(c), (e)(1)
• The lead rules cover dwellings built before 1978, except units with no bedroom and units in buildings reserved for older adults or people with disabilities, unless a child aged six or younger lives or is expected to live there. A rented room in a home where the owner lives is outside the rental rules unless such a child lives or is expected to live there, and so is a transient stay of 30 days or less in a hotel, motel or other lodging. 18 V.S.A. § 1751(41), (46)
• All paint in housing covered by the lead rules is presumed to be lead-based, and unsafe removal methods such as open-flame burning, dry scraping or sanding and powered tools are banned unless the Department authorizes them. 18 V.S.A. § 1760
• After a sale, the new landlord must give tenants actual notice of its name and address and that it holds the deposit. 9 V.S.A. § 4461(f) See Landlord name and address on the Vermont page

Before entering a rental agreement, disclose whether any portion of the premises offered for rent is in a special flood hazard area mapped by the Federal Emergency Management Agency. Give the notice to the tenant at or before signing, in a separate written document substantially in the form the Department of Housing and Community Development prescribes.

9 V.S.A. § 4466(a), (b)

• This requirement took effect June 17, 2024. 9 V.S.A. § 4466

Chapter 137 has no general rule requiring you to give the tenant your name and address or a manager's contact details. When your interest in the unit ends, the new landlord must give the tenant actual notice of the new landlord's name and address with a statement that the deposit has been transferred.

9 V.S.A. § 4461(f) 9 V.S.A. ch. 137

Chapter 137 sets no statewide maximum security deposit; local rules can add limits. Any advance, deposit or prepaid rent that is refundable when the tenancy ends counts as a security deposit, whatever it is called, and its purpose is to secure the tenant's duties to pay rent and keep up the unit.

9 V.S.A. § 4461(a) 9 V.S.A. ch. 137

• A town or city may adopt its own security deposit ordinance. It must add to, and not fall below, the state's protections, it may require interest on deposits, and it may not limit how a deposit is held. 9 V.S.A. § 4461(g) See Where the deposit is held and interest on the Vermont page
• When a tenant with a disability makes reasonable modifications at the tenant's own expense, you may, if reasonable, require the unit to be restored afterward, but you may not require an additional security deposit for this. 9 V.S.A. § 4503(a)(9)
• Burlington has a separate published deposit limit, permitted pet-payment category and interest requirements. See the dated city-specific review under Local rules before collecting a deposit there. Burlington Code § 18-120(a)

Return the deposit, with a written statement itemizing any deductions, within 14 days from the date you discover that the tenant vacated or abandoned the unit, or from the date the tenant vacated if the tenant gave you notice of that date. For a seasonal rental that is not meant as a primary residence, the deadline is 60 days.

9 V.S.A. § 4461(c)

• You may keep all or part of the deposit only for unpaid rent; damage to your property beyond normal wear and tear, unless caused by events beyond the tenant's control; unpaid utility or other charges the tenant had to pay you or a utility directly; and the cost of removing things the tenant abandoned. 9 V.S.A. § 4461(b) 9 V.S.A. § 4451(5)
• Hand-deliver or mail the statement and any refund to the tenant's last known address. 9 V.S.A. § 4461(d)
• If you miss the 14 days, you lose the right to keep any part of the deposit. If the failure is willful, you owe double the amount wrongfully withheld, plus reasonable attorney's fees and costs. 9 V.S.A. § 4461(e)
• When your interest in the unit ends, the deposit transfers to the new landlord, who must give the tenant actual notice of the new landlord's name and address and a statement that the deposit was transferred. 9 V.S.A. § 4461(f)

Chapter 137 does not say where a security deposit must be kept and does not require interest on it. A town or city ordinance may authorize interest, but such an ordinance may not limit how a deposit is held. Burlington's deposit section is reviewed below; other local deposit rules remain unverified, so check the town where the home is.

9 V.S.A. § 4461(g) 9 V.S.A. ch. 137

• A local deposit ordinance may let a housing board of review hear deposit disputes at the request of a landlord or tenant. 9 V.S.A. § 4461(g)

Chapter 137 does not require a move-in checklist or condition report. Deposit deductions cannot cover normal wear and tear, which the statute defines as deterioration from reasonable use without negligence, carelessness, accident or abuse by the tenant, household members or guests, so a dated record of the unit's condition at move-in helps show what changed.

9 V.S.A. § 4451(5) 9 V.S.A. § 4461(b)(2) 9 V.S.A. ch. 137

• The warranty of habitability applies from the day you deliver the unit, not only after move-in problems are reported. 9 V.S.A. § 4457(a) See Repairs and habitability on the Vermont page

Rent is payable without demand or notice at the time and place you and the tenant agree. Chapter 137 sets no late fee amount, cap or grace period, so any late fee rests on the lease.

9 V.S.A. § 4455(a) 9 V.S.A. ch. 137

• Rent means everything the tenant pays or provides to you or for your benefit under the rental agreement, except the security deposit. 9 V.S.A. § 4451(7)
• A lease term that tries to get around the obligations and remedies of chapter 137 is void and unenforceable. 9 V.S.A. § 4454

When a check is returned for lack of funds or because the writer has no account, or payment is stopped without cause, the holder may sue for the check amount, bank fees, interest and court and service costs. If the writer does not pay the check amount plus bank fees and mailing costs within 30 days after a written notice, the holder may also recover attorney's fees and $50 in damages. Chapter 137 has no returned payment rule, and other Vermont law on returned electronic payments was not read for this page.

9 V.S.A. § 2311(a)

• The written notice must give the date of the check, the payee, the bank fees, the mailing costs, the check amount and the date by which payment is due. It is presumed given when sent by both certified and first-class mail to the address on the check or the last known address, or by first-class mail backed by an affidavit of mailing once three days have passed after the affidavit is signed. 9 V.S.A. § 2311(b)

A rent increase takes effect only on the first day of the rental period that follows at least 60 days' actual notice to the tenant. Actual notice means written notice hand-delivered or mailed to the last known address; proof of first-class or certified mailing creates a presumption that it was received three days after mailing.

9 V.S.A. § 4455(b) 9 V.S.A. § 4451(1)

• Chapter 137 sets no limit on the amount of an increase. 9 V.S.A. ch. 137 See Rent control and local rules on the Vermont page
• An owner of privately owned age-restricted housing that is not a licensed care facility must also notify the Department of Housing and Community Development and every affected resident, on the Department's form, at least 60 days before an increase, giving the amount, the effective date, the percentage over the current base rent and a copy of residents' rights. Without both notices the increase is unenforceable. Publicly subsidized housing monitored for rent limits is exempt. 9 V.S.A. § 4468a
• You may not change lease terms to retaliate against a tenant who complained about code or chapter 137 violations or joined a tenants' union. 9 V.S.A. § 4465(a) See Retaliation on the Vermont page
• Burlington has a longer local notice period: the city-hosted rental guide describes at least ninety days' written notice before a rent increase. Check the current city requirements for a Burlington address rather than using the statewide sixty-day minimum alone. Prepare the letter with the property, tenants, current and proposed rent, dollar difference and intended first rental-period date. Keep the notice, mailing or hand-delivery evidence and any response together; allow for actual receipt and any longer lease commitment before updating the payment schedule. Burlington-hosted guide to renting in Vermont 9 V.S.A. § 4455(b) 9 V.S.A. § 4451(1)

You may enter with the tenant's consent, which the tenant may not unreasonably withhold. Otherwise you may enter between 9 a.m. and 9 p.m. on at least 48 hours' notice, and only to inspect when necessary, to make necessary or agreed repairs, alterations or improvements, to supply agreed services, or to show the unit to prospective or actual buyers, lenders, tenants, workers or contractors.

9 V.S.A. § 4460(a), (b)

• You may enter without consent or notice only when you reasonably believe there is imminent danger to a person or to property. 9 V.S.A. § 4460(c)

Every Vermont rental agreement carries your warranty to deliver and keep the premises safe, clean and fit for human habitation, and in line with building, housing and health regulations, for the whole tenancy. A lease term waiving this warranty is void.

9 V.S.A. § 4457(a), (b)

• Provide heating facilities that can safely supply a reasonable amount of heat, supply a reasonable amount of heat at all times if heat is part of the rental agreement, and provide an adequate supply of hot and cold water. This does not apply to a unit rented for summer occupancy or as a hunting camp. 9 V.S.A. § 4457(c)
• The tenant must not cause or contribute to code violations, disturb other tenants' peaceful enjoyment, or deliberately or negligently damage the premises. You can recover damages, costs and reasonable attorney's fees, and a violation is grounds to end the tenancy. 9 V.S.A. § 4456(a) to (c), (e) See Notice for other lease violations on the Vermont page

If you fail to make repairs within a reasonable time after actual notice of a habitability problem from the tenant, a government agency or a qualified independent inspector, and the problem materially affects health and safety, the tenant may withhold rent for the period of the problem, get a court order, recover damages, costs and reasonable attorney's fees, and end the rental agreement on reasonable notice.

9 V.S.A. § 4458(a)

• If you do not repair a minor defect within 30 days of notice, the tenant may fix it and deduct the actual and reasonable cost from rent, up to half of one month's rent, giving you actual notice of the cost when deducting it. 9 V.S.A. § 4459(a)
• Neither remedy is available when the problem was caused by a negligent or deliberate act or omission of the tenant or someone on the premises with the tenant's consent. 9 V.S.A. § 4458(b) 9 V.S.A. § 4459(b)
• Once you file an eviction case, you may ask the court to order the tenant to pay rent into court while the case is pending. 12 V.S.A. § 4853a(a) See Eviction process on the Vermont page

Chapter 137 has no general rule on locks or on rekeying between tenants. A protected tenant (a victim of abuse, sexual assault or stalking, or a parent, guardian or caretaker of one) may ask you to change the locks within 48 hours, based on a fear of imminent harm or a sexual assault on the premises within the previous six months. If the person to be kept out is also a tenant, the request must include a court order requiring that person to leave.

9 V.S.A. § 4473(1), (2) 9 V.S.A. ch. 137

• If you change the locks, give a key to each tenant except the person under the court order. If you do not, the tenant may change them without your permission, using locks and installation at least as good as the originals, notify you within 24 hours and give you a key. 9 V.S.A. § 4473(3), (4)
• Unless you agree otherwise, the tenant pays for the new locks. 9 V.S.A. § 4473(5)
• You may not unreasonably refuse a protected tenant's request, made at least seven days ahead, to install extra security such as an alarm system or camera. The tenant pays for installing and running it and is liable for damage the installation causes. 9 V.S.A. § 4473(6)

Vermont's alarm statute covers single-family dwellings. Whoever builds one must install photoelectric or UL 217 compliant smoke alarms near the bedrooms and on each level and one or more carbon monoxide alarms near the bedrooms, and a single-family dwelling sold or exchanged must contain them. The statute does not require an owner or occupant to maintain or use an alarm after installation. Fire safety codes for rental and multi-unit buildings were not read for this page.

9 V.S.A. § 2881 9 V.S.A. § 2882

• In a newly built single-family home with electric service, the alarms must run on the building's power with battery backup. 9 V.S.A. § 2882(a), (b)
• At closing, the seller of a single-family dwelling certifies to the buyer that the required alarms are installed. 9 V.S.A. § 2883(a)

You may not retaliate by setting or changing lease terms, or by bringing or threatening a legal action, against a tenant who complained to a government agency about a building, housing or health code violation materially affecting health and safety, complained to you about a violation of chapter 137, or organized or joined a tenants' union or similar group.

9 V.S.A. § 4465(a)

• A tenant who faces retaliation may recover damages and reasonable attorney's fees and has a defense in any retaliatory eviction case. 9 V.S.A. § 4465(b)
• If you serve a termination notice on any ground other than unpaid rent within 90 days after a town or State agency notifies you that the premises do not meet health or safety regulations, the termination is presumed to be retaliation. You can rebut the presumption. 9 V.S.A. § 4465(c)
• Fair housing law separately bars threatening or interfering with anyone who opposes discrimination or takes part in a Human Rights Commission complaint. 9 V.S.A. § 4506(e)

You may not willfully cause any utility service to the tenant to be interrupted or ended, except temporarily for emergency repairs. You may not deny the tenant access to the home or to the tenant's belongings except through proper judicial process.

9 V.S.A. § 4463

• A tenant harmed by an illegal eviction can sue for an injunction, damages, costs and reasonable attorney's fees. The court may award you attorney's fees if it finds the suit was not brought in good faith and was frivolous or meant only to harass. 9 V.S.A. § 4464

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)

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

To end a tenancy for unpaid rent, give the tenant actual notice of a termination date at least 14 days after the notice. The tenancy does not end if the tenant pays or tenders the rent due through the end of the rental period in which the payment is made. Accepting a partial payment does not waive your remedies for the unpaid rent.

9 V.S.A. § 4467(a)

• Actual notice is written notice hand-delivered or mailed to the last known address. Proof of first-class or certified mailing creates a presumption that it was received three days after mailing. 9 V.S.A. § 4451(1)
• State the termination date in the notice, and start the eviction case within 60 days after that date, or the notice cannot support a judgment. 9 V.S.A. § 4467(f), (k)
• In the eviction case, the case ends if the tenant pays into court all rent due through the end of the current rental period, with interest and costs, before the writ of possession is executed. A tenant can do this only once in any 12 months. 12 V.S.A. § 4773

When a tenant fails to comply with a material term of the rental agreement or a duty under chapter 137, you may end the tenancy by actual notice given at least 30 days before the termination date stated in the notice. The statute sets a notice to end the tenancy, not a period to fix the problem.

9 V.S.A. § 4467(b)(1)

• When the ground is criminal activity, illegal drug activity or acts of violence that threaten the health or safety of other residents, the notice need only be at least 14 days. 9 V.S.A. § 4467(b)(2)
• Accepting full or partial rent after the termination date, or during the eviction case, does not waive an eviction based on a breach or a no-cause notice. 9 V.S.A. § 4467(j)
• You may serve more than one valid notice on different grounds and rely on all of them in the eviction case. 9 V.S.A. § 4467(i)

Only a court can remove a tenant. When a tenant stays after the tenancy ends without your express consent, you bring an ejectment action in the Superior Court. Attach the rental agreement, if any, and your termination notice to the complaint, and serve it as in other civil cases. Either side may ask for a jury trial.

9 V.S.A. § 4468 12 V.S.A. § 4851 12 V.S.A. § 4852 12 V.S.A. § 4853

• Start the case within 60 days after the termination date in your notice, or the notice cannot support a judgment of eviction. 9 V.S.A. § 4467(k)
• You may ask the court to order the tenant to pay rent into court while the case is pending. The hearing may be held any time after 14 days' notice, and a tenant who fails to pay as ordered faces judgment for immediate possession. 12 V.S.A. § 4853a(a), (b), (h)
• If you win, the judgment covers possession, rent due, damages and costs, and the court may add reasonable attorney's fees when the written rental agreement provides for them. The writ of possession issues the same day unless the court stays it, and the sheriff may put you in possession no earlier than 14 days after serving it. 12 V.S.A. § 4854
• Where a written lease prohibits subleasing, you or the tenant may ask for an expedited hearing to remove a person occupying the unit without right or permission. 9 V.S.A. § 4456b(a)(2) 12 V.S.A. § 4853b

A tenant has abandoned the unit when circumstances would lead a reasonable person to believe it is no longer occupied as a full-time residence, the rent is not current, and you have made reasonable efforts to learn the tenant's intentions. Keep property the tenant left, other than trash, in a safe, dry, secured place and mail the tenant written notice that you will dispose of it after 60 days unless the tenant claims it and pays reasonable storage and related costs.

9 V.S.A. § 4462(a), (c)

• To claim the property, the tenant must give you a reasonable written description of it and pay the storage and related costs within 60 days after the notice. Property not claimed in time becomes yours; claimed property must be made available right away at a reasonable place. 9 V.S.A. § 4462(c)
• If the tenant gave you actual notice of moving out, or moved out at the end of the rental agreement, you may dispose of what remains without notice or liability. 9 V.S.A. § 4462(d)
• After an eviction, you may dispose of property left behind without notice 15 days after the writ of possession is served or you are restored to possession, whichever is later; if the court stayed the writ, one day after you are restored to possession. 12 V.S.A. § 4854a
• The cost of removing articles the tenant abandoned may be deducted from the deposit. 9 V.S.A. § 4461(b)(4) See Returning the deposit on the Vermont page

Small claims court handles civil money claims of up to $10,000, other than claims for slander or libel. It awards only money damages, so it cannot return possession of a home, and you may not split a larger claim into several small ones.

12 V.S.A. § 5531(a), (b)

• When a claim is for more than $3,500, the defendant may ask for a Superior judge or an attorney appointed for the purpose to hear the case. 12 V.S.A. § 5531(c)

An adverse-possession claim concerns ownership, rather than simply when an occupant must move. In re Estates of Allen describes a fifteen-year requirement involving possession that is open, apparent to the owner, hostile and continuous. The passage of time alone does not establish every element. Whether particular use meets the test is a factual and legal question; this overview does not cover every exception or ownership dispute.

Vermont Supreme Court: In re Estates of Allen, state library copy

• Establish how the person entered and what permission or agreement existed. A tenant holding over, an invited guest and someone asserting ownership may require different legal responses. Vermont has a specific expedited route where a written lease prohibits subleasing and a person occupies without right or permission; do not assume that route or one fourteen-day notice applies to every disputed occupant. 9 V.S.A. § 4456b(a)(2) 12 V.S.A. § 4853b See Eviction process on the Vermont page
• Keep a dated file of title records, leases, permissions, correspondence, inspections, photographs and the history of the claimed use. Get advice about disputed boundaries, interruptions or successive occupants rather than assuming a simple calendar count decides title. Preserve evidence without confronting or removing an occupant whose rights are disputed. Vermont Supreme Court: In re Estates of Allen, state library copy
• For genuinely vacant property, maintain doors and windows, arrange lawful checks and routine exterior care, and provide a contact for reports of damage or unexpected activity. Vacancy care helps you respond early; it does not authorize bypassing the court process, changing access or interrupting a tenant's utilities. 9 V.S.A. § 4463 See Lockouts and utility shutoffs on the Vermont page

Chapter 137 contains no rent control and no limit on the size of a rent increase. It lets a town or city adopt a security deposit ordinance that adds to state law, including one requiring interest, but not one that limits how a deposit is held. Burlington's deposit section and limited Barre references are reviewed below; municipal charter powers and other local deposit rules remain unreviewed.

9 V.S.A. § 4461(g) 9 V.S.A. ch. 137