Renting in Vermont, Handbook for Tenants and Landlords

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

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Renting in Vermont

Information Handbook for Tenants & Landlords

This handbook is published by Vermont Tenants, a program of the

Coordinated Statewide Housing Services division of the Champlain Valley

Office of Economic Opportunity (CVOEO). The on-line edition of Renting in

Vermont will be updated on an on-going basis and provides more current

information than any hard copy edition available. The Vermont Tenants help

line phone number is: (802) 864-0099.

Note: This document was developed with legal assistance but does not

constitute legal opinion or advice.

Tenants

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

Table of Contents

Two ways to navigate this book on-line: 1) Click on the chapter name below

to go to the chapter you are looking for. or 2) You can navigate easily to a

particular topic by opening the PDF Bookmark tab on the left side of the

Adobe Acrobat window and click on the chapter/subchapter link to go to the

specific topic you are looking for.

Chapter 1. Beginning a Tenancy

Chapter 2. Tenant Protections

Chapter 3. Housing Codes

Chapter 4. Moving Out

Chapter 5. Evictions

Basic Responsibilities: A Quick Reference List

List of Resources

Acknowledgments

Introduction

The Renting in Vermont handbook is intended to give tenants, landlords and

others a basic understanding of their rights and responsibilities. It summarizes

Vermont’s landlord/tenant statute Title 9: Commerce and Trade, Chapter 137:

RESIDENTIAL RENTAL AGREEMENTS, as well as some municipal laws,

state regulations and Vermont Court decisions that also govern the

landlord/tenant relationship. Renting in Vermont is to be used as a guide to

better understand legal rights and help prevent some of the common problems

which occur between tenants and landlords.

Although this book was developed with legal assistance, nothing contained

herein constitutes actual legal opinion or advice regarding any individual case

or situation. If you have questions about whether information in this book

applies to you, you should seek legal advice.

A Note on Mobile Homes and Mobile Home Parks

The laws discussed in Renting in Vermont do apply to tenants who are renting

a mobile home. They do not apply directly to people who own their mobile

home and are renting a lot in a mobile home park. These people are protected

by Vermont’s Mobile Home Park law, which is summarized in a booklet by

CVOEO’s Mobile Home Project called “Guide to Your Rights as a Mobile

Home Resident.”

www.cvoeo.org/htm/Housing/mobileHome/guide.html

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

People who rent a mobile home in a park from the park owner are covered by

both landlord/tenant law as well as the Mobile Home Park laws. For further

information on rights under Vermont’s Mobile Home Park law, or to receive a

free hard copy of the “Guide to Your Rights as a Mobile Home Resident,” call

the CVOEO Mobile Home Project at 802-660-3451 x 105, or 1-800-287-7971.

www.cvoeo.org/htm/Housing/mobileHome/mobile_home.html

_________________________________________

Chapter 1. Beginning a Tenancy

Residential Leases and Rental Agreements

When a landlord and a tenant agree on renting an apartment, several things

need to be clearly laid out, including the amount of rent, when the rent is to be

paid, length of the tenancy and who pays for utilities and services. Rental

agreements can be either oral or written. Oral agreements are as binding as

written agreements, but they do not provide written proof of the agreement

terms, and while there is no law stating that a tenant must receive a written

lease, it is always preferable for both parties to get any and all agreements in

writing. Tenants should always read leases carefully and ask about terms they

don’t understand, and should try to get landlords to change or remove lease

terms which seem unfair. Normally leases will be transferable from one

landlord to another if the building is sold. (

See “Sale of the Building”)

Tenants should always get photocopies of leases and all agreements that they

sign. They should insist on receiving their copy as soon as the lease is signed.

Without his/ her own copy of the lease, a tenant might have trouble proving

what the parties agreed to. All written agreements should be kept in a safe and

accessible place to refer to if problems arise. Written agreements between

roommates regarding financial and other responsibilities can also be helpful in

preventing problems. To obtain a sample roommate agreement from the VTI

web site go to:

www.cvoeo.org/htm/Housing/tenants/letters/FormLetterCentral.html

The rental agreement determines the specific rights and responsibilities of

both tenants and landlords, but cannot take away basic rights granted under

state, federal, or local laws. The landlord cannot enforce a lease provision that

takes away any rights the tenant has under the law, even if the tenant agrees to

the provision by signing the lease. For example, a clause that gives the landlord

the right to physically evict a tenant or shut off the utilities if rent is not paid on

time would be void by law and could not be enforced by the landlord.

However, provisions of the lease that are legal would still be valid and could

be enforced. If either landlords or tenants have questions about the legality of a

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clause in the lease, they should call one of the legal resources in the

“

Resources” section at the end of this handbook.

Two Important Points about Rental Agreements:

Although it is not a legal requirement, it is better for all parties concerned to

have any and all rental agreements in writing.

Keep copies of all agreements and store them where they are safe, secure and

easy to locate.

Rental Applications

Landlords may require potential tenants to fill out a rental application. Such

applications frequently ask for prior rental history with dates, addresses and

landlords, income information and references. There is no law regulating what

a landlord may ask on an application, such as social security number and bank

account numbers (although a bank will not give out account information

without the account holder’s permission). There is also no law prohibiting

applications from asking about marital status, family composition, source of

income, etc. However, since such information may not be used to discriminate

against potential tenants, landlords who ask for it may be vulnerable to a claim

of discrimination (See

Fair Housing section in this book). Landlords may also

require potential tenants to agree to a credit check. Landlords may refuse to

rent to a tenant who does not supply the requested information, has bad credit

or has a poor rental history, but the landlord may not use these reasons as an

excuse for illegal discrimination.

Landlords may not charge an application fee. Landlords are prohibited from

charging residential tenants a fee in order to apply to rent an apartment.

However a landlord may charge the direct cost of a credit check fee to tenants.

In Vermont state law, see: (

V.S.A., TITLE 9, Chapter 137, § 4456a,

Residential rental application fees prohibited) and (

V.S.A., TITLE 9, Chapter

139, § 4503 Unfair housing practices)

Security Deposits - What Are They?

A security deposit is any deposit or prepaid rent that is refundable to the

tenant when the tenant moves out. Outside of Burlington and Barre, there is no

limit on how much the deposit can be. No law, outside of Burlington and

Barre, requires that the tenant receive interest on the deposit. A deposit should

be used only for damages beyond normal wear and tear, unpaid rent or utility

bills owed by the tenant, or to cover expenses for removing belongings left

behind after a tenant has moved out. Read more on security deposits in:

Chapter 4, Moving Out - Security Deposits Legal Requirements. In

Vermont state law, see: (

V.S.A., TITLE 9, Chapter 137, § 4461) Read about

Burlington’s and Barre’s security deposit laws:

Chapter 4, Moving Out -

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

Burlington Security Deposit Law and Chapter 4, Moving Out – Barre

Security Deposit Law.

About Renter’s Insurance

Most landlords have insurance on their buildings, but this insurance does not

usually cover a tenant’s personal belongings. Tenants are strongly urged to

purchase renter’s insurance to protect their property. It covers not only loss of

property due to theft or damage to the dwelling, but also other loses associated

with such calamities, including relocation costs, cleaning bills, temporary

housing, etc. Renter’s insurance is generally not too expensive. A

comprehensive policy is available from most insurance agencies at a relatively

affordable cost. Tenants who already have car insurance can often get renter’s

insurance through the same company as a package for very little extra.

It is highly recommended that ALL tenants buy renter’s insurance.

Motels and Similar Housing

After a person has occupied any room or rooms in a motel or similar

establishment for at least thirty (30) consecutive days, (the period in which

“rooms and meals tax” must be paid to the state by the owner) the “guest”

status of the person ends and a landlord/tenant relationship comes into effect.

Occupancy in a room or rooms in such an establishment of over thirty

consecutive days will not necessarily create a month-to-month tenancy— it

would most commonly become a week to week tenancy. However it is

important to note that a thirty consecutive day occupancy period does give the

former “guest” the same rights of any residential tenant, including the right to

proper legal notice for termination and a judicial eviction process. In Vermont

law, see: (

V.S.A., TITLE 9, Chapter 137, § 4452. See Exclusions (4).) See

also: (

V.S.A. TITLE 32 Chapter 225, § 9202. See definitions; (5), (6) and

(7).) See especially definition of a “Permanent resident”: “‘(7) Permanent

resident’-any occupant who has occupied any room or rooms in a ‘hotel’ for at

least thirty consecutive days.”

Housing Assistance through the Department for Children

and Families

The Economic Services Division (ESD) of the Department for Children

and Families provides emergency housing assistance to people in need who

meet the eligibility requirements set out below. This assistance is initially

provided, regardless of income, to households lacking cash-on-hand resources

to meet emergency needs. Eligible households can obtain up to eighty four (84)

days of “temporary housing” (usually in local motels). When a suitable

apartment is found, the ESD can assist with the first month’s rent and fuel and

utility deposits. Additionally, some households will be eligible for assistance to

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

cover moving costs, a contribution toward the security deposit, and ongoing

monthly rent. If the ESD pays the deposit, it must be refunded back to the ESD

when the tenant vacates.

Eligibility

Eligible tenants include those who lose their housing through “catastrophe”,

(i.e., due to fire, flood, condemnation), or eviction through no fault of their

own. Failure to pay rent may not be considered fault if the tenant’s income

cannot cover rent and basic necessities. Assistance may be withheld if a

household does not wait for completion of a proper court-ordered eviction,

with the exception of “constructive eviction” situations. Constructive eviction

includes condemnation of a dwelling by a health officer or state inspector as

well as illegal actions taken by the landlord, such as padlocking doors or

shutting off utilities in an effort to force tenants from the premises. Emergency

assistance may also be available to the tenant in a shared-rent situation where

the primary apartment tenant has the power to ask another person/ roommate to

leave. The tenant who leaves an apartment voluntarily is generally not eligible

for emergency housing. A writ of possession is required for temporary housing

to be granted in most cases that do not involve a constructive eviction.

Assistance toward rent in permanent housing may be given to families with

children, those who are not able-bodied, and those who have employment

barriers. There are income and assets guidelines for these benefits.

In order for eligibility for temporary or permanent housing assistance to be

determined, the applicant will need to visit the local ESD office and complete

an application. The ESD may require receipts for rent payment or other

documents to verify the factors that caused the loss of housing. Vermont Legal

Aid and Community Action Agencies may screen tenants for eligibility.

Emergency Back Rent Payment Program

Families with children who are facing the loss of their shelter due to

nonpayment of rent may be eligible for assistance from the ESD. A family

must have a notice of termination or notarized statement of how much rent is

owed from the landlord. A landlord who signs the Back Rent Contract and

accepts payment from ESD must stop any eviction/legal action against the

Tenant. The ESD may pay up to three months of the back rent. Since this

assistance is designed to prevent homelessness, applicants must have the

ability to make ongoing rental payments. The family will need to visit the local

ESD office and complete an application.

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Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

Chapter 2. Tenant Protections

Fair Housing Law and Illegal Housing Discrimination

In Vermont, it is illegal for a landlord to discriminate on the basis of a

tenant’s race, religion, color, national origin, age, sex, sexual orientation,

marital status, disability or handicap (as defined by law), presence of minor

children, because the tenant receives public assistance, or because of the

gender identity of the tenant. Unlawful discrimination can take the form of a

refusal to rent or show an apartment, different terms or conditions, harassment

(including sexual harassment) of a tenant, intimidation, threats or retaliation

against anyone exercising his or her fair housing rights. The Vermont fair

housing law also applies to rental of mobile homes or mobile home lot space.

A landlord does have the right to establish and enforce legitimate business

practices necessary to protect and manage the rental property, such as requiring

references or refusing to rent to people who do not have enough income to pay

the rent. Landlords may also refuse to rent to people with a history of

objectionable behavior in prior rentals, such as disturbing other residents,

damaging property or not paying rent. Landlords may not, however, use

legitimate business practices as an excuse for discrimination.

If someone believes that he or she has been discriminated against for any of

the reasons forbidden by law, that person should contact the Vermont Human

Rights Commission, Vermont Legal Aid, or a private attorney. If a tenant

believes he or she has been discriminated against when trying to rent an

apartment it is sometimes possible (almost always with the help of an attorney)

to keep a home available until the matter is decided in court. In court, a person

could win the right to an apartment, money damages, and attorney’s fees.

Remember, the more information available (name and telephone number of the

landlord, address of the apartment, dates and descriptions of conversations,

witnesses); the more likely it is that a discrimination case can be resolved,

either through negotiation or court action. In state law, see: (

V.S.A., TITLE 9,

Chapter 139)

Exceptions to Fair Housing Law

The Vermont housing discrimination law does not apply to the following

situations:

Buildings with three or fewer apartments- if the owner or a member of the

owner’s immediate family lives in one of the apartments. (In Burlington, local

fair housing law applies to a building occupied by an owner or member of the

owner’s immediate family if there are more than two units in the building.)

Rental units that would be too small for the family desiring to live there based

on applicable occupancy standards.

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

Rental units for the elderly- which do not rent to families with children but

only if the housing is occupied only by people over 62 years of age, or if at

least one person over the age of 55 resides in each rental unit and the housing

complex either provides significant facilities and services or important housing

opportunities for the elderly.

Refusal to rent to a tenant under the age of majority (18 years old except for

emancipated minors).

Religious preference given to tenants of the same religion as that of the

religious association that provides or rents rooms not for profit.

In state law, see: (

V.S.A. Title 9, Chapter 139: § 4504. Rental of

housing; exemptions)

The Burlington Housing Discrimination Ordinance

The City of Burlington has its own fair housing provision that is similar to the

Vermont law. The Burlington ordinance, like the state and federal laws, has

some exemptions, including an exemption for owner-occupied duplexes.

(Note: whereas Vermont state law excludes buildings with three or fewer

apartments under the category of owner occupied buildings exemption,

Burlington law exempts buildings with no more than two apartments). People

who suffer discrimination in rental units in Burlington have the option of filing

a complaint under the Burlington Housing Discrimination Ordinance with the

Burlington City Attorney’s Office, 802-865-7121, or can file their complaint

under the Vermont Fair Housing Act with the Vermont Human Rights

Commission 802-828-2480 or 1-800-416-2010 or through a private attorney.

Tenants with Disabilities

It is against the law for a landlord to refuse to allow a person with a disability

to make reasonable modifications to an apartment, at the expense of the tenant,

or to make reasonable accommodations in rules, practices, or services, when

needed for the full enjoyment of the premises by a tenant with a disability.

When the tenant moves out the landlord may, if reasonable, require the tenant

to restore the premises to the condition that existed before the modification,

except for reasonable wear and tear, but the landlord may not require an

additional security deposit for this purpose.

It is against the law for a landlord to ask a tenant or prospective tenant if he or

she has a disability. However, if a tenant with a disability requests a reasonable

accommodation, the landlord has the right to ask for proof of the disability and

the need for the requested accommodation. Several programs exist to assist

tenants and landlords in making apartments accessible to people with

disabilities. These include the ENABLE Loan Program of the

Vermont State

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

Housing Authority 802-828-3295 or 1-800-798-3118, and the Home Access

Program of the

Vermont Center For Independent Living (VCIL), 802-229-

0501 (TDD), or 1-800-639-1522 (TDD). VCIL also provides information on

other sources of funding available for making apartments and homes

accessible, and offers a variety of services, referrals and information to assist

people with disabilities.

Late Fees

Tenants have an obligation to pay their rent on time. Landlords rely on timely

payment from their tenants in order to meet their own payments for mortgages,

taxes, maintenance, etc. If a lease so provides, a landlord may charge the tenant

for expenses the landlord incurs because the tenant is late in paying rent.

However, this charge may only cover actual expenses incurred by the landlord

because the tenant’s rent is late. For example a reasonable interest charge could

be charged on unpaid rent balances as this would compensate for a lost

financial opportunity for the landlord. However a fee may not be charged

simply as a penalty. A late fee, which is not reasonably related to the

landlord’s expenses, is invalid and the tenant does not have to pay it. (This was

established by a Vermont Supreme Court ruling in 1991. See note below.)

The case law is not clear (at least we received some conflicting legal opinions

regarding this) on whether a landlord may offer a “discount” to a tenant for

timely payments, for example by saying the rent is $50 less per month if

payment is made by the first of the month. There is an argument that this

amounts to a hidden late fee. The question is whether the extra amount due if

payment is not made by the first of the month has to be reasonably related to

the landlord’s extra expenses incurred because rental payment is late.

If a landlord tries to charge a late fee, the tenant should insist on first seeing

documentation that the late fee is equal to the landlord’s expenses. If the

landlord cannot or will not show this documentation, the tenant may refuse to

pay the late fee.

A Vermont Supreme Court decision in 1991 (Highgate Associates, Ltd. v.

Lorna Merryfield, Supreme Court Docket No. 90-032) established a

prohibition against late fees levied as penalties. That ruling established that

fees may be charged only as actual compensation for costs incurred by

landlords as a result of rent payments being late.

Illegal Retaliation

It is illegal for a landlord to retaliate against a tenant because:

The tenant has complained to a governmental agency regarding health or

safety concerns,

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

The tenant has complained to the landlord about violations of Vermont’s

landlord/tenant laws,

The tenant has organized or become a member of a tenant association.

This provision does not prevent the landlord from bringing a good-faith

action to recover rent if the tenant fails to pay.

Retaliation can take a number of forms. For example: a landlord tries to

change the terms of a tenancy, such as by raising the rent, saying the tenant can

no longer have pets, or saying the tenant can no longer use some part of the

property anymore. Any of these actions could be retaliatory if a landlord does

them to punish or get rid of a tenant who complained about a problem with the

home. If a landlord tries to evict a tenant after the tenant complains about

problems, this eviction could also be an act of retaliation. To evict the tenant a

landlord will have to go to court (see

Chapter 5, Evictions), and if the court

agrees that the eviction is not for a legitimate reason but rather is an act of

retaliation, the tenant will not have to leave, and in addition could be awarded

money damages and attorney fees.

(The following paragraph reflects changes to Vermont law that became

effective July 1, 2008) If the landlord serves notice of termination of tenancy

for any reason other than nonpayment of rent, within 90 days after notice by a

municipal or state agent that the premises are not in compliance with health or

safety regulations, it is presumed to be retaliatory. The burden of proof that

the eviction is not retaliatory would be upon the landlord.

Burlington’s Anti-retaliation Law

Under Burlington’s ordinance, if a Burlington tenant complains about

problems to a housing inspector, and the inspector determines that the

problems are code violations, any attempt by the landlord to evict the tenant

within 90 days after the landlord has repaired the problems is presumed to be

an act of retaliation. The burden of proof that the eviction is not retaliatory

would be upon the landlord. It is also presumed to be an act of retaliation if a

landlord attempts to evict a tenant within 90 days from the time the tenant

made any public statements to a governmental body on any aspect of landlord/

tenant relations, for example by testifying before the City Council in favor of a

proposed tenant protection law.

Even for evictions begun after the 90-days period expires, Burlington tenants

can still raise a defense of retaliation under Vermont state law; however there

would no longer be an automatic presumption that the eviction is retaliatory.

See Burlington Code of Ordinances: •(Chapter 18, Sec.18-29)

♦About accessing Burlington’s housing laws on the web- Go to

Municode.com - CODE OF ORDINANCES City of Burlington Vermont;

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

then select Chapter 18 HOUSING, on the Municode.com site. Expand the

Chapter 18 directory on the left side of the page with by clicking on the (+) and

find the subsection you are looking for by expanding the ARTICLES (I. - VII.)

sections, also by clicking the (+) by them.

Privacy Rights of Tenants and Access Rights of Owners

In order to conduct normal business, to comply with housing codes and to

protect property, landlords (or various agents acting on behalf of the landlord)

will need to enter a rented home on occasion. However, landlords must respect

the privacy of tenants. A landlord may enter an apartment without consent or

notice only if the landlord has a reasonable belief that there is imminent danger

to any person or property. Otherwise state law clearly sets out when and under

what circumstances a landlord may enter a tenant’s home. A landlord may

enter a tenant’s home with a tenant’s permission at any time if both the

landlord and the tenant agree to it. Vermont law says a tenant may not

unreasonably withhold permission.

A landlord may also enter without a tenant’s permission, but only after no

less than 48 hours notice, and only between the hours of 9:00 A. M. and 9:00

P. M., and only for one or more of the following reasons:

To inspect the premises;

To do repairs, alterations or improvements to the apartment;

To supply agreed upon services;

To exhibit the apartment.

If a landlord has given proper notice he or she, or an agent acting on his or

her behalf may enter the apartment for one of the above reasons even if the

tenant is not present.

If a landlord breaches a tenant’s right to privacy and peaceful and quiet

enjoyment of the apartment, the landlord could be sued for damages in extreme

cases, and in addition could be cited by the police for unlawful trespass. In

Vermont state law, see: (

V.S.A., TITLE 9, Chapter 137, § 4460. Access.)

Rent Increases, Not in Burlington

Landlords must give tenants written notice of a rent increase at least 60 days

before the first day of the rental period when the increase starts. For example,

when rent is due on the 1

of the month, if notice is given on June 25, the

tenant must pay the rent increase starting on September 1.

There is no law regulating how high or how often the rent can be raised, other

than for tenants in subsidized housing (see next paragraph regarding subsidized

housing). If there is a lease for a set period, such as a year long lease, the rent

cannot be raised while the lease is in effect unless the lease has a provision

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

allowing the landlord to raise the rent with notice during the term of the lease.

Even in such cases the laws would still set the minimum notice period

allowed. In Vermont state law, see: (

V.S.A., TITLE 9, Chapter 137, §

4455. Tenant obligations; payment of rent. (B))

Rent Increases, In Burlington

Landlords must give at least 90 days written notice before a rent increase can

come into effect. See Burlington Code of Ordinances: (Chapter 18, Sec. 18-

304. Notice to tenants.) (

See note above on Accessing Burlington’s Laws

On-Line)

Rent Increases with Subsidized Housing

Tenants who reside in publicly subsidized housing may not be entitled to 60

days notice with regard to an increase in their portion of the rental payment if

such a change in the tenant’s rent portion results from an annual or interim re-

determination of household income or changes in law or regulation covering

such programs. However, if the base rent of a home is being increased the

tenants would have a right to the two full rental periods notice (or 90 days in

Burlington). If there is a project-wide rent increase that must be approved by a

governmental agency, tenants usually have the right to comment on the rent

increase and are entitled to at least 60 days notice before it becomes effective.

Sale of the Building

Normally when a building is sold, leases already in effect and entered into by

the owner who sold the property are still legally binding on the new owner.

The new landlord cannot evict tenants with a lease for no cause (unless the

lease specifically allows it), raise the rent (except as provided for by the lease)

or make any other significant changes to the rental agreement before the old

lease expires.

However, if the tenant has a lease that lasts for more than one year there is an

exception to the rule. In such a circumstance, the lease must be in writing and

must be on record in the local city or town clerk’s office. If it is not then the

lease is not binding on purchasers if the building is sold. In addition, it is

possible that a purchaser may not be bound to existing leases of one year or

less if the purchaser had no knowledge or reasonable expectation that there

were tenants living in the building at the time of the sale. The seller of the

building may be liable personally to the tenants if the new owner does not

continue to uphold existing lease provisions.

The former owner must transfer any security deposits to the new owner, and

the new owner must give the tenant his/ her name, and address, and document

that the deposit has been transferred. The new landlord becomes responsible

for returning the deposit. In Vermont state law, see: (

Title 9, Chapter 137:

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

RESIDENTIAL RENTAL AGREEMENTS, 9 V.S.A. § 4461. Security

deposits (f))

If there is no written rental agreement, such as a one-year lease, that

establishes rights of tenancy for a set period of time, the landlord selling the

building may terminate a tenancy with as little as thirty (30) days written

notice but only after a purchase and sale agreement has been signed. This

shortened notice period is only allowed for the owner who is selling the

building and not for a new owner after the sale is completed. If there is a

written rental agreement for a set period, however, the tenancy may not be

terminated simply because the building is being sold unless the agreement

specifically allows for this. However, the landlord must still give the tenant a

minimum of 30 days notice if the lease allows the landlord to terminate the

lease early. If the tenant rents weekly, the notice period may not be less than

seven days.

Condominium Conversion

If a landlord is planning to convert a building into condominium ownership

and intends to displace the current tenants, the landlord must give the tenants a

substantial amount of advance notice, in some cases up to two years, and the

tenants are protected from arbitrary rent increases, given assistance in finding

other housing, and paid relocation costs. These protections apply to tenants

throughout the state. In Vermont state law, see: (

V.S.A., Title 27: Chapter

15: § 1333- § 1339, Conversion of building; notice to tenants)

In Burlington, the protections for tenants in a condominium conversion

situation are even stronger. For more information on the condominium

conversion laws, call Vermont Tenants at 802-864-0099, and, in Burlington,

The City Attorney’s Office at 802-865-7121. See Burlington Code of

Ordinances: (Chapter 18, Article V. Secs. 300 - 311) (

See note on

Accessing Burlington’s Laws On-Line)

Using Small Claims Court

Small Claims Court is a simplified court where disagreements between

landlords and tenants over money can be resolved. Designed to help people

recover money due them without having to hire a lawyer, this procedure is

informal and inexpensive. Anyone at least 18 years of age with a genuine and

reasonable complaint can sue in Small Claims Court. The complaint must be

your own; one cannot sue on behalf of a friend. If the party is under 18, or

under guardianship, a parent or legal guardian can sue on his or her behalf.

Although lawyers are generally not necessary in Small Claims Court, either

party may bring one if they choose to. One can sue for up to $3,500.

A tenant may sue a landlord in Small Claims Court, for example, to get back

a security deposit or recover for damage to the tenant’s property caused by the

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

landlord. A landlord may sue the tenant to recover, for example, rent that is

owed or for property damage not covered by the security deposit. A landlord

cannot use Small Claims Court to evict a tenant. For that he or she must go

through the regular Superior Court process. (See Chapter 5, Evictions)

To begin a small claims suit contact the Superior Court for your county,

found in the phone book under State of Vermont Courts. There is a filing fee of

$35 for claims of $500 or less, and $60 for claims over $500. If you are low-

income and cannot afford to pay the filing fee, you may ask to have the fee

waived by filling out a form called an “Application to Proceed

In Forma

Pauperis”, which is available at any court. The fee is generally recoverable

from the other party if you win, and so should be added to the claim. In

addition, if a tenant seeks to recover double the security deposit in a case

where the landlord willfully withheld the deposit, this should also be added to

the claim.

Anyone who is sued in Small Claims Court may file a counterclaim if she or

he can raise genuine good faith arguments that he or she is owed money by the

person filing the original suit. For example, if a tenant sues a former landlord

for the return of a security deposit, the landlord could file a counterclaim for

damages the landlord thinks the tenant caused. To file a counterclaim a person

being sued can fill out and submit to the court a counterclaim form that they

will receive with documents notifying them of the suit against them. A

counterclaim should be filed at the same time the answer to the original claim

is filed. The filing fee for counterclaims is $15 if the counterclaim is for less

than $500, and $25 if it is for more than $500. These fees can also be waived

for people with low incomes.

For information about using Small Claims

Court on the Web:

(www.vermontjudiciary.org/courts/superior/smclaims.htm)

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Click to Return to Table of Contents

Chapter 3. Housing Codes

The Warranty of Habitability

Under Vermont law, tenants have the right to safe and decent housing and

that right cannot be signed away in any agreement. The right to safe housing is

firmly grounded in state law in a section called the “warranty of habitability.”

The warranty of habitability requires the landlord to provide and maintain

premises that are safe, clean and fit for human habitation and in compliance

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

with applicable housing codes. Any problems affecting health or safety in a

rental unit is usually a violation of this warranty.

The warranty of habitability is implied in the rental agreement between a

landlord and tenant, whether oral or written, and protection under this warranty

cannot be denied the tenant by any written or oral lease provision. Whether or

not the tenant was aware of an existing defect when moving into the apartment,

it is the responsibility of the landlord to correct the problem. In Vermont state

law, see: (

V.S.A., TITLE 9, Chapter 137, § 4457. Landlord obligations;

habitability.)

The Vermont Rental Housing Health Code

The Vermont Rental Housing Health Code sets basic minimum standards

throughout Vermont for the water supply, sewage systems, lighting, heating,

etc., in rental units (apartments, rented mobile homes, or rented single family

houses). The state rental housing health code is a regulatory code enacted by

the Vermont Department of Health and enforced primarily by local town health

officers. Several municipalities also have their own local codes that may have

stronger protections than the state code. Municipalities with their own codes

include Barre, Burlington, Rutland, Montpelier, Winooski and a few others. To

find out if your town has its own rental housing code and to get more detailed

information about such a code, call your local health officer, the town clerk’s

office, or the local Board of Health.

You can view Vermont’s Rental Housing Health Code on the Vermont

Department of Health’s web pages:

healthvermont.gov/regs/Rental_Housing_Code.pdf

Heating Requirements

Landlords must supply heating facilities capable of safely and adequately

heating all habitable rooms. Local codes vary, but the Vermont Rental Housing

Health Code requires that the heating facilities must be able to maintain the

heat at the minimum temperature of 65 F when the outside temperature is -15

F. The Code forbids the use of space heaters with a flame that is not properly

vented to a chimney or duct leading to the outdoors.

If heat is included in the rental charge, it is the landlord’s responsibility to

provide adequate heat whenever the outside temperature is below 55 F,

regardless of the time of year. If heat is not being provided when the tenant

needs it, the landlord should be contacted immediately. If the landlord fails to

supply heat, the Town Health Officer or Housing Inspector should be

contacted. (See RIV Subsection on “

Enforcement of Housing Codes”)

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

Utilities

Health Code prohibits a landlord from turning off required utilities, “except

for such temporary interruption as may be necessary while actual repairs or

alterations are in process or during temporary emergencies.” This means that it

is illegal for a landlord to shut off a tenant’s heat, water, or electricity under

most circumstances.

The landlord must furnish facilities capable of safely and adequately

providing heat, electricity and hot and cold water. The landlord must also

provide watertight covered trash receptacles. It is up to the tenant and landlord

to determine who will be responsible for paying for the utilities. If the tenant is

to pay for all utilities it should be clearly established whether or not this

includes water/sewer and trash removal. Burlington requires that the Landlord

provide rubbish removal.

Smoke Detectors, Carbon Monoxide Detectors, and Fire

Escapes

Landlords must provide the appropriate type of smoke detectors that are

properly working and properly located in the building. Tenants should make

sure before moving in that there are a proper number of working smoke

detectors. If there are not, the tenants should insist that they are installed before

moving in. It is against both state and some local laws for tenants to disable or

destroy smoke detectors. Tenants should never remove the batteries of their

detectors or otherwise interfere with them working properly. Tenants should

check detectors at least monthly to make sure they are working properly and

should notify the landlord immediately if they are not. Carbon monoxide (CO)

detectors are also required by state law and some local laws.

You can find out more about both smoke detector and CO detector

requirements from the

Fire Safety Division of the Vermont Department of

Public Safety: (802) 828-2106, Toll Free (800) 640-2106.

Note: Burlington has detector requirements that are more stringent than the

state code. For more information contact the Burlington Fire Marshal at: (802)

864-5577

PROPERLY INSTALLED AND MAINTAINED CARBON MONOXIDE

and SMOKE DETECTORS SAVE LIVES!

Fire Safety Regulations Enforced by the Fire Safety

Division of the Vermont Department of Public Safety

In addition to the smoke detectors regulation discussed above, some

additional fire safety regulations include:

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Each rental unit located on the first and second floor of a building must have

a safe means of exit.

A rental unit located above the second floor must have at least TWO safe

means of exit, unless the unit is located continuously from the second to the

third floor.

Fire escapes must be structurally sound and accessible at all times.

A fire extinguisher is required in each rental unit and should be located in or

near the kitchen.

Common shared stairways must be fire rated and must not be used for storage

of combustible materials.

Every sleeping room located in rental units below the fourth story is required

to have at least one operable window or exterior door that is approved for

emergency exit or rescue, unless an automatic sprinkler system is provided.

If a tenant or landlord requests an inspection, Fire Safety Division inspectors

should do the inspection in a reasonable time after notification. See the

“Resources” section of this Handbook for a contact list for the Fire Safety

Division’s regional offices.

Appliances

Landlords are not required to provide appliances such as a stove and

refrigerator, but since few tenants would rent apartments without such

appliances, most landlords do supply them. If appliances are provided, the

landlord is obligated to keep them in good working order, because there is an

implied understanding that if the appliances are supplied they will work

properly.

A landlord may be able to avoid responsibility for maintaining the appliances

by putting a provision in the lease saying that he or she makes no

representations about the condition of the appliances, and expressly states that

the tenant is responsible for all repairs to the appliances. Tenants, however,

should be extremely reluctant to sign a lease with such a provision since it

means that in the future they may have to pay a lot of money to have the

landlord’s appliances repaired, or do without them.

If a landlord does not fix a broken appliance for which he or she is

responsible the tenant may fix it and deduct the cost from the rent. See “Repair

and Deduct”, for the proper way to do this.

There is no law which addresses whether a landlord is liable to the tenant for

the value of food lost because a refrigerator breaks down. A tenant who wishes

to pursue this can try Small Claims Court and it is possible that a judge may

order the landlord to pay compensation, if the judge decides that the landlord

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had knowledge that the refrigerator would fail or was otherwise negligent See

“

Using Small Claims Court”.

Indoor Contaminants

Many tenants and landlords are concerned about contaminants in their rental

units. Examples of these contaminants include asbestos, formaldehyde

insulation, carbon monoxide and lead paint. Since there can be severe health

consequences with certain levels of these contaminants, their presence should

not be ignored. Tenants and landlords with concerns about indoor

contaminants can get advice from the

Vermont Department of Health’s

Asbestos and Lead Regulatory Program, the Vermont Department of

Health, Indoor Air Quality Resource Guide, and also see the Vermont

Department of Health, Lead Resource Guide on the web.

All of these programs can be reached at 1-800-439-8550. The Department of

Health also has several fact sheets on a number of specific indoor pollutants as

well as general information about indoor air quality, such as ventilation,

carpeting, air cleaners, etc.

Lead Paint Hazards

Vermont has a lead safety law that went into effect in 1996 and was revised

in 2008. Its requirements apply to residential rental units built before 1978.

Law that came into effect 7/1/2008 requires that Essential Maintenance

Practices (EMPs) are to be done only by a person who has successfully

completed an EMP training course, or a person who works under the direct

supervision of a person who has successfully completed such training;

landlords or property managers are no longer personally required to take an

EMP class.

Landlords must have EMPs performed annually by trained persons in all

common areas accessible to tenants as well as conduct a visual inspection of all

interior and exterior painted surfaces. After landlords have performed or had

the required essential maintenance practices performed, and as long as they

have not created any lead hazards, they receive a limitation on liability for lead

poisoning law suits and are presumed to meet the warranty of habitability with

respect to lead paint.

In addition to the state requirements, federal regulations require that a

landlord or property manager of rental housing built before 1978 provide

federally approved written information about lead paint poisoning hazards and

disclose any known lead paint poisoning hazards to prospective or renewing

tenants. Leases must also contain a provision informing tenants of the dangers

of lead paint. In addition to providing state approved lead paint hazard

information to current and prospective tenants, landlords must also provide to

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tenants at move in and annually, a copy of the most recent certificate of EMP

compliance.

Certain types of housing (e. g. housing for the elderly) are exempt from the

state and federal lead safety requirements. However, landlords may not refuse

to rent to tenants with children as a way to try to avoid their obligations under

the state and federal laws, as this would violate anti-discrimination laws (See

“

Fair Housing Law and Illegal Housing Discrimination”).

Information about lead safety may also be obtained from:

Vermont Asbestos and Lead Poisoning Prevention Program also

Lead Resource Guide for Property Owners at Vermont Department of

Health. General information about lead safety, rights and responsibilities,

E.M.P. training and so on. 802-865-7786 or 800-439-8550.

Vermont Attorney General’s Office web site Lead

page:

www.atg.state.vt.us/display.php?smod=218

National Lead Information Center 800-532-3394

Vermont Lead Safety Project 1-877-493-6872 (toll free) or 802-458-0377,

588 Fern Lake Road, Leicester, VT 05733

Burlington Lead Program of Burlington’s Community and Economic

Development Office 802-865-5323. City Hall, Room 32, 149 Church Street,

Burlington, VT 05401

Vermont Housing and Conservation Board’s Vermont Lead-

Based Paint Hazard Reduction Program. Technical and financial

assistance for landlords and homeowners to reduce hazards due to lead paint

802-828-0170.

Vermont’s Lead Safety Law Requirements for Landlords

Following is an edited list of landlord responsibilities excerpted from of the

revised Vermont lead safety law (effective 7/1/2008). (From Vermont’s

statutes. 18 V.S.A. Sec. 26. §1759. ESSENTIAL MAINTENANCE

PRACTICES (a) (8) (b) (1) (A)…) [PLEASE NOTE: the following is edited

and is not the complete list of the landlord’s legal responsibilities.]

The owner of rental target housing [built before 1978]

shall perform all the following:

(1) File with the department [of Health] by the due

date an EMP compliance statement certifying that the

essential maintenance practices have been performed,

including all the following:

(A) The addresses of the dwellings in which EMP were

performed.

(B) The dates of completion.

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(2) ………….

(3) Provide a copy of the statement to all tenants with

written materials regarding lead hazards approved by the

department.

(4) Prior to entering into a lease agreement, provide

approved tenants with written materials regarding lead

hazards approved by the department, along with a copy of

the owner’s most recent EMP compliance statement.

(Emphasis added.)

Enforcement of Housing Codes

In most towns local Town Health Officers and Boards of Health are

responsible for making sure rental units in that town meet the minimum

standards of the Rental Housing Health Code. These officials have the

authority to inspect the premises, and when a condition violates the code, to

issue an order to the landlord to repair the premises. Health Officers are

usually local volunteers appointed by town select boards and authorized by the

Department of Health. If the landlord does not comply with the order of a

health officer he or she can be sued by the municipality and/or the tenant.

A few towns have building or housing inspectors paid to enforce rental

housing codes. Below is a contact list for some, but not necessarily all towns

with their own municipally employed inspectors and/or their own municipal

rental housing codes.

Some Municipal Code Enforcement Offices in Vermont:

• Barre City (802) 476-0263 • Burlington (802) 863-0442

• Bennington (802) 442-1037 • Montpelier (802) 223-9504

• Brandon (802) 247-3635 • Rutland (802) 773-1800

• Brattleboro (802) 254-4831 • Winooski (802) 655-6410

Vermont Health Department District Offices:

• Barre (888) 253-8786 • Newport (800) 952-2945

• Bennington (800) 637-7347 • Rutland (888) 253-8802

• Brattleboro (888) 253-8805 • St. Albans (888) 253-8801

• Burlington (888) 253-8803 • St. Johnsbury (800) 952-2936

• Middlebury (888) 253-8804 • Springfield (888) 296-8151

• Morrisville (888) 253-8798 • White River Jct. (888) 253-8799

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

If you are not sure who the enforcement official is in your town check in the

following section of the Vermont Department of Health web site:

healthvermont.gov/local/tho/tho.aspx , or call the municipality’s clerk or

town manager.

Burlington’s Apartment Registration Ordinance &

Certificates of Compliance

In Burlington, the minimum housing code ordinance requires owners of rental

units to file a registration application with the city providing information about

their rental units. Landlords with questions about the registration ordinance

should call the

Burlington Code Enforcement Office (802) 863-0442.

Landlords with rental units in Burlington are legally required to have a

document called a “certificate of compliance,” issued by Burlington’s Code

Enforcement Office, for each rental unit that is occupied. This document is

proof that the property was in compliance with the City’s housing code at least

as of the last inspection. The Burlington law (Sec. 18-21) requires that the

certificate of compliance be made available to tenants or prospective tenants

and that a copy of the certificate be displayed on the premises at all times.

Burlington’s law (Sec. 18-25) says that when an inspector finds a housing

code violation that materially affects health and safety, the occupants will be

notified of the existence of the violations. See Burlington Code of Ordinances:

(

Chapter 18, ARTICLE II. DIVISION 1, Sec. 21 - Sec. 25) (See note on

Accessing Burlington’s Laws On-Line)

Note: The City of Winooski and some other municipalities also require

apartment registration. Find out from municipal officials if apartment

registration is required in your town or city.

Burlington’s Tenant Relocation Law

In Burlington, if an inspector finds that the premises are a danger to the

health, welfare and safety of the occupants or the general public, the inspectors

may order that the premises be vacated and secured, i.e., condemned. If any

tenants are displaced from their home by such an order, unless the tenants are

responsible for the damage, the owner is responsible for paying relocation

costs of the tenant. See Burlington Code of Ordinances: (

Chapter 18,

ARTICLE II. DIVISION 1, Sec. 28) (See note on Accessing Burlington’s

Laws On-Line)

Health and Safety Problems, Tenants’ Remedies

Landlords must maintain their rental property in compliance with applicable

health and safety codes and should do so as a matter of standard practice. Open

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communication between the landlord and tenant can help make that happen, if

problems arise that the landlord is unaware of. However, if the landlord fails to

provide housing that meets code, the tenant should notify the landlord of

problems in writing. The tenant should also contact the Town Health Officer or

Housing Inspector and request an inspection to verify that the problem is a

violation of the housing code. Once the Health Officer or town Board of

Health issues an order, the landlord must make the repairs within a reasonable

amount of time.

A reasonable amount of time will vary depending on the severity of the

problem. For example, if the landlord supplies heat and the heat goes off in the

middle of winter, a “reasonable” amount of time may be a few hours; but if the

cold water faucet is dripping, the “reasonable” time for a repair might be as

long as 30 days.

If a landlord receives written notice of a problem which materially affects

health and safety of residents, from either a tenant, a governmental inspector -

such as a health officer or a municipal housing inspector - or from a qualified

independent inspector, and the landlord fails to make repairs within a

reasonable amount of time, there are several remedies available to the tenant

including:

Withhold rent until the problem is corrected.

Get a legal order (called an “injunction” ) from a judge forcing the landlord to

correct the problem.

Sue for damages, costs and attorney’s fees.

Terminate the rental agreement on reasonable notice.

A tenant can do any or all of these at the same time. The only instance where

these remedies are not available is if the tenant or the tenant’s guests caused

the problem negligently or deliberately.

If you are considering using any of the four options above it is advisable to

seek legal advice first if possible. In Vermont state law, see: (

V.S.A., TITLE

9, Chapter 137, § 4458. Habitability; tenant remedies.) For information

on Vermont’s Rental Housing Health Code, contact Vermont’s Department of

Health Community Public Health Division.

Legally Withholding Rent Because of Major Code

Violations

If major violations of the health or safety codes exist in an apartment, (a few

examples would be: a lack of heat in winter, a sewer pipe leak, or a toilet that

will not flush) the tenant may withhold rent to force the landlord to make

repairs. Before a tenant can legally withhold rent, however, four things

must be true:

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

Major code violations must exist that are serious enough to affect or

potentially affect the tenant’s health and safety;

and

The landlord must be given written notice of the problems from either the

tenant, a governmental inspector such as a health officer or town housing

inspector or from a qualified independent inspector;

and

The landlord must be given a reasonable amount of time to make repairs after

getting the written notice; and

The problem can not have been deliberately or negligently caused by the

tenant or the tenant’s guests.

Written notice can be a note or letter from the tenant giving a simple

description of the problem, preferably sent certified mail so that it can be

proved that the landlord received it. The tenant should send written notice even

if he or she has already given the landlord verbal notice, and even if written

notice has also been given to the landlord by a third party, such as a Town

Health Officer. The tenant should be sure to keep a copy of everything that is

sent.

It is best if the landlord also has notice of the code violations from a Town

Health Officer or other official inspector. The tenant should arrange an

inspection before beginning to withhold rent. (See “

Enforcement of Housing

Codes”) A copy of an inspector’s notice of violation(s) will provide important

evidence for the tenant if the landlord tries to evict them. If the tenant can

show that he or she is withholding rent due to major code violations this will

be a defense in court to an eviction for nonpayment of rent.

The tenant should set the rent money aside as it comes due and not spend it.

(It is safest to put it into a bank account, although this is not required by law).

This will show that the tenant was able and willing to pay rent, and withheld it

only to force the landlord to make the repairs. The tenant will ordinarily have

to pay the back rent to the landlord once the code violations are repaired. In

extreme circumstances, however, a judge may rule that the landlord is not

entitled to the entire amount withheld because the value of the apartment was

diminished due to the major code violations.

Note: Withholding rent is a serious action, and a tenant considering it should

seek legal advice first.

Minor Problems, “Repair and Deduct” Law

A tenant can “Repair and Deduct” for minor problems which violate the

housing code, the warranty of habitability, or the terms of the rental agreement

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the tenant has the option of repairing the problems and deducting the cost from

the next month’s rent.

In order to repair and deduct, a tenant must first give the landlord notice of

the problem, preferably in writing. If the landlord fails to make the repairs

within 30 days of being notified, the tenant may make the repair and deduct

from the rent the actual and reasonable cost of the work, but no more than one

half of one month’s rent.

The tenant must give the landlord written notice of the cost of the repairs

when the deduction is made, along with receipts if available. Repair and deduct

is not an option if the problem was deliberately or negligently caused by the

tenant or the tenant’s guests.

Repair and deduct can be used not just for repairs, but also to put the landlord

in compliance with terms of the rental agreement. For example, if the

agreement calls for the landlord to provide garbage removal and he or she fails

to do so, the tenant may hire someone to remove the garbage and deduct the

cost from the rent after 30 days notice of the situation to the landlord.

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Click to Return to Table of Contents

Chapter 4. Moving Out

Vermont state law requires that before ending a tenancy a tenant must give

the landlord notice in writing at least one full rental payment period prior to the

move-out date, if there is no written rental agreement to the contrary.

Burlington law requires a tenant to give at least two rental payment periods

notice before terminating a tenancy unless there is a written rental agreement

that states otherwise.

Moving Out, Tenant Initiated: End of Lease Period

When a written lease expires it does not automatically terminate the tenancy,

unless the lease specifically states that the tenancy terminates and the tenant

must leave when the lease is up. Very few leases are written with such a

provision.

If the lease does not state the tenancy ends at the expiration of the lease

period, the tenancy becomes month to month after the lease expires, and it is

governed by the laws that regulate such tenancies. Or the lease automatically

renews for a set period if such a provision is included in the lease.

Tenants who wish to move out at the end of the lease term should give the

landlord written notice of their intention at least one full rental period (or two

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full rental periods in Burlington) before the lease expiration date. Otherwise,

the tenant could be held liable for the rent for the month after the lease expires

if the apartment goes unrented.

Breaking a Lease

As with any legally binding contract, there is usually a price to be paid for

violating or breaking a lease. If, for example, a tenant moves out before the

lease expires, s/ he could be held responsible for the rent for the remainder of

the term covered by the lease. However, the landlord has a responsibility to

make a reasonable effort to re-rent the apartment as quickly as possible. When

the apartment is re-rented, the original tenant’s responsibility ends. A landlord

cannot keep a security deposit to pay rent if the new tenant is paying rent for

the same period. However, a landlord may recover reasonable costs for re-

renting an apartment, such as the cost of a newspaper advertisement, from a

tenant who breaks a lease.

If more than one tenant signs a lease, any individual signer can be held

responsible for all the rent due for the entire lease period. This means that if

one of the tenants on the lease breaks the lease, the tenants who remain can be

held liable for the full rent. The tenant who broke the lease, however, would be

liable to the remaining tenants for any money they had to pay to make up his or

her share of the rent, and could be sued by them in Small Claims Court.

A tenant may be able to break a lease with no further liability if the apartment

has serious housing code violations that the landlord does not repair, provided

the tenant follows the proper procedures. (See Health and Safety Problems,

Tenants’ Remedies)

Note: Tenants should seek legal advice before breaking a lease or rental

agreement.

Subletting

If a landlord refuses to allow a tenant to break a lease, the landlord may

consent to a sublease agreement. The tenant can then find someone else to

move in for the rest of the lease period, but the original tenant would still be

ultimately responsible for the condition of the apartment and timely payment

of the rent. Subletting can be a convenient option for people wanting to return

to a particular apartment after an absence, but it requires a great deal of trust in

the other people moving in. Tenants should get the landlord’s permission

before subletting, preferably in writing.

Security Deposit Refunds - Legal Requirements

The landlord must return the security deposit by hand delivering or mailing it

to the tenant’s last known address within 14 days from the day the landlord

discovers the tenant has moved out or from the date the tenant actually moves

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out if the tenant gives the landlord notice that he or she has moved. The

security deposit return should include a written statement itemizing any

deductions taken out by the landlord. It is to the tenant’s benefit to get notice to

the landlord, along with keys to the apartment, on the date they move out. If

the landlord fails to return the security deposit and statement within the 14-day

period, the landlord must return the entire deposit.

A tenant who does not receive his or her deposit back or who disagrees with

some of the deductions the landlord takes may go to Small Claims Court to try

to recover the deposit. (See, “

Using Small Claims Court”) Tenants of

apartments in Burlington and Barre can go to their local Housing Board of

Review. It is sometimes possible to avoid this process if the tenant and

landlord can work out a compromise. The parties may want to try to negotiate

before, or even after, a claim has been filed in Small Claims Court.

If the landlord willfully withholds or fails to return the security deposit and

written statement, the landlord may, at a judge’s discretion, be ordered to pay

the tenant two times the amount of security, plus reasonable attorney’s fees and

costs if the tenant goes to court.

What is “Normal wear and tear”?

Normal wear and tear is the deterioration which occurs normally with

occupancy of a rental unit and which is not the result of negligence,

carelessness, accident or abuse of the premises by tenants or their guests.

[Definition from Vermont state law: “ ‘Normal wear and tear’ means the

deterioration which 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.”]

A landlord cannot deduct from a security deposit the costs of ANY of the

following things except to correct or repair damage caused by the tenant or

their guests through negligence, carelessness, accident or abuse:

Routine maintenance,

Painting (unless careless, negligent, accidental or destructive tenant activity

or actions make repainting necessary when it normally would not be),

Re-advertising the apartment (except in some circumstances when the tenant

has broken the lease) (See, “

Breaking a Lease”)

Renovation of the unit.

Return of Security Deposits- If the building is sold:

An owner who sells a rental property must transfer all security deposits to the

new owner, and the new owner must give the tenants his/ her name and

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address, and state that their deposit has been transferred. The new landlord

then becomes responsible for returning security deposits. (

See “Sale of the

Building”).

Bartering for Security Deposits

If tenants barter with the landlord for the deposit, for example by doing work

on the apartment in exchange for the deposit, the agreement should be put in

writing to avoid misunderstandings when the tenant moves. It is especially

important to clarify whether the work is done in exchange for the landlord not

requiring the deposit, or if the tenant is to be paid for the work and the landlord

is holding on to the payment as the deposit, which the tenant will receive when

he or she moves out.

Burlington’s Security Deposit Law

Burlington has its own ordinance regulating security deposits. (See

Burlington Ordinances (Chapter 18, Sec 18-120) at Municode.com) This

law limits the total amount of deposit a landlord can ask for to no more than

one month’s rent, regardless of whether it is called a security deposit, a damage

deposit or a pet deposit, last month’s rent, etc. The law allows a landlord to

require an

additional payment equal to one half the amount of one month’s rent

for allowing a pet or pets. This additional payment may not be charged for any

animal that a tenant may have for assistance or treatment related to a physical

or psychological disability. See Burlington law: Sec. 18-120 (a) (2)

The Burlington law also requires landlords to put the deposit into an interest-

bearing account, with an interest rate at least equivalent to a current Vermont

bank passbook savings account, and to give the tenant the interest when the

tenant moves or apply it to money the tenant owes the landlord. The law also

requires tenants and landlords to fill out an inspection checklist at the

beginning of a tenancy listing the damages that already exist. In addition, the

ordinance states that a tenant may not use his or her deposit as last month’s

rent unless the landlord agrees.

When a tenant vacates a dwelling, she or he should give the landlord a

forwarding address for return of the security deposit. The landlord has the

obligation to refund the security deposit plus interest, and to notify the tenant

in writing of reasons for withholding any part of the refund, within 14 days

after the premises are vacated. The written statement must also inform the

tenant of the opportunity to request a hearing before the Burlington Housing

Board of Review within 30 days of receipt of the landlord’s written statement.

The statement and any payment must be hand-delivered or sent certified mail

to the last known address of the tenant, which may be the rental unit if no

forwarding address has been provided. If the landlord fails to return the

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

security deposit or provide a written statement, the landlord forfeits the right to

withhold any portion of the security deposit.

Disputes between Burlington landlords and tenants concerning security

deposits can be brought before the City’s Housing Board of Review. Requests

for a hearing before the Housing Board of Review regarding security deposit

issues can be made for the following reasons:

A Burlington landlord fails to refund a deposit (when due) plus interest;

A landlord fails to document in writing the reasons for withholding all or part

of a refund within the 14 day period;

A tenant wishes to contest the reasons for failure to refund a deposit; or

A tenant uses his or her deposit as last month’s rent without the consent of the

landlord (the landlord may request the hearing).

The request must be made by filling out a short form available at the City

Clerk’s office in City Hall. The request must be made within 30 days from the

day the tenant receives written notification from the landlord stating why part

or all of the deposit is being kept. However, if the landlord does not send this

notification within 14 days from the date the tenant moved out, then the tenant

has to file the request within 44 days of the move-out date. If the tenant misses

this deadline the tenant is barred from using the Board to recover the deposit,

but may still file in Small Claims Court, which would allow a later claim. (See,

“

Using Small Claims Court”) However, delays in making any claim may

hurt the chances of winning. To contact the Housing Board of Review call

802- 865-7122.

The Barre Security Deposit Law

Barre City has a security deposit law similar to the one in Burlington. Under

this law deposits are limited to one month’s rent, and tenants are entitled to the

interest. Unlike in Burlington there is no specific requirement that the landlord

is to keep the deposit in a bank account, but the tenant must receive a rate of

interest equivalent to a Vermont passbook savings account.

Barre has a Housing Board of Review which is similar to Burlington’s.

Tenants who disagree with deductions taken from their deposits can schedule a

hearing with the Board by filling out an application form at the City Manager’s

Office, at 6 North Main Street. Tenants must request a hearing within 30 days

of getting written notice from the landlord of the deductions, or within 44 days

of moving out if the landlord did not send written notice. Tenants who miss the

deadline cannot use the Board to get back their deposit, but can still go to

Small Claims Court. (See, “

Using Small Claims Court”) Anyone with

questions about the Barre Housing Board of Review or any of the provisions of

the deposit law can contact the City Manager’s Office at (802) 476-0240.

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

Tips for Tenants regarding security deposits:

Obtain a written receipt upon payment of a security deposit.

Inspect the apartment together with the landlord prior to moving in.

Draw up and keep a list of all existing damages signed by both parties.

At end of tenancy, clean apartment and appliances, and have the landlord or

landlord’s representative inspect it with you, and have them sign and date a list

of any damages.

Take photographs of the cleaned apartment if trouble is anticipated getting

the deposit back.

Return keys and notify landlord of new mailing address.

Wait for statement of damages, unpaid rent and deposit during 14-day period.

After 14 days, contact landlord and request full deposit.

If unsuccessful, consider Small Claims Court and, in Burlington and Barre

City, the Housing Board of Review.

If the landlord returns a check for only part of the deposit, and the tenant feels

that he or she should get back more, the tenant may cash the check and still

preserve his or her right to contest the balance of the deposit. However, when

the tenant signs the back of the check, the tenant should write underneath the

signature that he or she is reserving his or her rights, using wording such as:

“Endorsed under protest with all rights and remedies reserved.” The tenant

should then make a copy of the front and back of the check before cashing it.

Abandonment of an Apartment and Unclaimed Property

A rented residence (and any property left behind in it) is considered

abandoned if all the following three things are true:

The landlord has good reason to believe the tenant is no longer living there;

and

Rent is not current;

and

The landlord has made reasonable efforts to find out the tenant’s intentions.

When a tenant abandons a unit, the landlord must store the tenant’s personal

property in a safe and dry location for at least 60 days, regardless of the value

of the property. The landlord must send the tenant a letter, mailed to the

tenant’s last known address, notifying the tenant that the landlord plans to

dispose of the property if the tenant does not claim it within the 60 days. The

60 days begins to run from the date of the notice, not the date that the tenant

abandons the unit, so if the landlord intends to dispose of the tenant’s property

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he or she must send this notice first. Landlords may, however, dispose of trash,

garbage or refuse immediately.

The tenant may claim the property within the 60 days by providing the

landlord with a reasonable written description of the property, as well as

payment of the fair and reasonable cost of storage and any related reasonable

expenses incurred by the landlord. If the tenant provides the written description

and payment to the landlord, the landlord must make the property available to

the tenant immediately, at a reasonable place. The landlord may only require

the tenant to pay the reasonable storage and related expenses before returning

the property.

It is illegal for the landlord to hold the tenant’s property because the tenant

owes the landlord any other money, such as unpaid rent or utility bills. If the

tenant does not claim his or her property within the 60 days it becomes the

property of the landlord, who can keep it, sell it or otherwise dispose of it.

NOTE THERE IS AN IMPORTANTANT EXCEPTION TO THE ABOVE

INFORMATION: A change to state law that became effective July 1, 2008

allows a landlord to dispose of a tenant’s property that has been left behind in

an apartment- with no notice or liability- if either one of the following two

things are true: 1) If the tenant gave written notice to the landlord that he or she

has moved out or; 2) The tenant vacated an apartment after the end of a rental

agreement.

Moving Out - Six Things to Remember

Give the landlord proper notice according to the terms of the lease. If there is

no lease, a full rental period’s notice is required (two rental periods in

Burlington).

If you are having problems moving out by the specified date, keep the

landlord informed so that the next tenant to move in is not inconvenienced.

Give the landlord a forwarding address for mail, and where the security

deposit can be sent.

Before moving, go through the apartment with the landlord and inspect for

damage. Ideally, both of you should sign a list of the damages, and a third

party should witness it.

If you pay for utilities, provide the landlord with copies of the final bills, if

requested by the landlord.

The apartment should be left clean, the floors vacuumed and swept, garbage

removed, appliances cleaned, and generally left in the condition in which you

found it when moving in.

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Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

Click to Return to Table of Contents

Chapter 5. Evictions

Evictions - An Overview

Eviction is the legal procedure used when a landlord wants a tenant to move

out of an apartment. The eviction process protects the rights of both parties. A

tenant is not “evicted” until the entire court process is completed, a judge

issues an order, and the order is delivered to the tenant.

NOTICE: A tenant can be evicted at any time of year, even in the winter,

and even if the tenant has children or a disability, provided the tenant has been

given a proper notice and legal process.

If a landlord wants to evict a tenant, he or she must first give the tenant an

eviction notice (also known as a notice to vacate or a notice to quit). Proper

notice must be written, give the reason for the eviction, include the termination

date, and be properly furnished to the tenant a specific period of time in

advance. The amount of advance notice the tenant receives depends on the

reason for the eviction.

If the tenant hasn’t moved by the termination date, the landlord must sue the

tenant in court to get him or her out. It ordinarily takes at least two months

from the start of the eviction to get a judge’s order saying the tenant has to

leave, and it can take much longer.

Under no circumstances may a landlord remove a tenant who is still living in

an apartment without first getting a judge’s order. The judge’s order (called a

writ of possession) directs the sheriff to put the landlord back into possession

of the rental unit.

Termination Notice for Nonpayment of Rent

(There were some changes to Vermont’s law effective July 1, 2008 that are

now reflected in this section.)

A landlord may, with 14 days written notice, terminate a tenancy for non-

payment of rent any time after the tenant falls behind in the rent.

In an eviction process for nonpayment of rent the landlord must begin by

providing the tenant with a written termination notice giving the tenant at least

14 days to pay in full or to leave. The notice must specifically state how much

rent is due. The tenancy will continue if the tenant pays

all rent due through the

end of the rental period in which the tenant pays. If the date given in the

termination notice for the tenant to leave passes, and the tenant has not paid the

required amount of rent, the landlord can continue the eviction process for

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

nonpayment of rent by taking the next step, which is having a legal document

called a summons and complaint served and the tenant must respond to the

summons and complaint.

Termination of Tenancy with Sale of Building

Tenants are entitled to at least 30 days written notice to vacate from a current

landlord who is selling the building, if the tenants are renting month to month.

A landlord who recently bought a building is not entitled to this shortened

notice requirement. Only the landlord who has contracted to sell a building can

give 30 days notice to vacate; once the new owner takes over, he or she has to

give the tenant normal “No Cause” eviction notice if he or she wants the tenant

out due to no fault of the tenant (see below, “For No Cause”). However, if

there is a written rental agreement, it is binding and will be transferred to the

new owner.

Eviction for Breach of the Rental Agreement

If the tenant violates the lease or the landlord/ tenant law, the landlord may

terminate the tenancy by giving the tenant at least 30 days written notice. The

notice must specifically state what actions of the tenant are the cause(s) for the

eviction.

(The following is a new category for termination notice based on criminal

activity that became effective July 1, 2008.) If a termination is based on

“…criminal activity, illegal drug activity, or acts of violence any of which

threaten the health or safety of other residents…” then the notice of

termination can be 14 days. (Vermont Statutes, Title 9, § 4467 (b) (2))

Termination of Tenancy for “No Cause”

Under Vermont state law if a landlord is terminating a tenancy for none of the

reasons explained above or for no given reason (called a termination for “no

cause” in legal language), and the tenant is renting by the month, the tenant is

entitled to at least 60 days written notice, or 21 days written notice if renting

by the week. Tenants who have resided continuously in the same premises for

more than two years, and who rent by the month, are entitled to a ninety (90)

day notice for a termination for no cause. However, if there is a written rental

agreement for a set period of time, a tenancy may not be terminated for no

cause before the end of the lease period unless the lease specifically allows it.

(See section below on

Termination of Tenancy for “No Cause” Under

Terms of a Written Rental Agreement.)

If a tenant receives a no cause termination notice and decides to move out

earlier, he or she must still give the landlord a full rental payment period notice

of moving. (See:

Chapter 4, “Moving Out”)

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

Termination for “No Cause” In Burlington:

In Burlington if there is no written rental agreement, a tenancy cannot be

terminated for no cause without ninety (90) days notice if the tenancy has

lasted for under two years or one hundred twenty (120) days if the tenancy has

lasted over two years. In Burlington, if there is a written rental agreement, a

notice for termination for no cause would simply have to follow the state law

for termination for no cause under terms of a written rental agreement. (See

below.)

Termination of Tenancy for “No Cause” Under Terms of

a Written Rental Agreement

For all of Vermont, including Burlington: If there is a written rental

agreement the lease may state that the landlord or the tenant can terminate the

tenancy for no cause or for any reason on which the parties agree. Such a

written provision may reduce the notice period required for a no cause

termination to less than (60) days, but under no circumstances may the written

agreement allow the landlord to give a tenant less than thirty (30) days notice

of termination for no cause if rent is payable monthly, or seven (7) days if

payable weekly.

If a landlord intends to terminate a tenancy for no cause at the end of a

written lease that defines a fixed time period (e.g. a one year lease) and the

tenant pays rent monthly, the landlord needs to give the tenant a termination

notice of (60) days if the tenant has resided continuously in the same premises

for more than two years or (30) days if the tenant has resided in the apartment

less than two years.

Termination of Tenancy If Renting In the Landlord’s

Home

If the tenant rents one or more rooms in the landlord’s personal residence that

includes the shared use of any of the common living spaces, such as the living

room, kitchen or bathroom, then either party may terminate the tenancy by

giving written notice of at least 15 days if rent is payable monthly and at least

seven days if rent is payable weekly. At this point it is not clear what effect this

law will have in situations where there is a written lease that does not allow for

early termination, or that has a different time frame for termination.

Eviction of Farm Workers

Farm workers who receive housing as a benefit of their employment may not

just be thrown out of their homes if they lose their job. They are protected by

landlord/ tenant law just as any other tenant, and if the farmer wants the farm

worker to leave the housing the farmer must follow proper legal procedures.

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

The law does, however, allow the farmer a speeded up process to evict the

farm worker, if the farmer can show hardship.

To evict the farm worker, the farmer must have the worker served with a

notice of termination of tenancy at the same time as a summons and complaint

is served. The court will schedule a hearing not less than 10 days after the

worker is served. At the hearing, if the farmer can show that he or she will

suffer actual hardship if the worker does not leave, the judge will issue an

order giving the worker from between five and 30 days to move out. If the

judge decides that the farmer has not proven actual hardship, the farmer will

then have to start regular eviction proceedings to evict the worker, just as with

any other tenant.

A farmer who wants to evict a worker should contact an attorney in order to

properly comply with the requirements of this law, and can also contact the

Vermont Farm Bureau at (802) 434-5646 for general advice on farmers’ rights

and responsibilities.

Farm workers with questions should call their local Legal Aid office or

Vermont Tenants They can also contact the CVCAC Farm Worker Program (a

statewide program) at 1-800-639-8710 for general information and assistance.

If a farmer tries to throw a worker out without getting a court order, the worker

should also contact the local police immediately, as it is an illegal eviction. In

Vermont state law, see: (

V.S.A., TITLE 9, Chapter 137, § 4469.

Termination of occupancy of farm employee housing)

Summary of Notice Periods for Termination of Tenancy

Nonpayment of Rent - 14 day written notice.

Breach of the Rental Agreement - 30 day written notice.

Criminal activity – 14 day written notice.

For No Cause (only for a month-to-month or week-to-week tenancy) - 60 day

written notice if renting monthly, or 21 days if renting weekly. 90 day written

notice if the tenant has resided in the premises continuously for over two years

and rents monthly.

In Burlington: For “No Cause”, WITH NO WRITTEN LEASE - 90 day

written notice if tenant has resided in the home for less than two years. 120 day

written notice if tenant has resided in the home for over two years.

Under the Terms of a Written Rental Agreement - Whatever time period the

parties agree on in the lease agreement, but no less than 30 days if renting

monthly, and no less than 7 days if renting weekly. No less than 60 days if

renting monthly and the tenant has resided in the premises continuously for

over two years.

Renting in the Landlord’s Home - 15 days written notice from either party.

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Sale of the Building – (This only applies if there is no written lease or if a

written lease specifically allows for early termination of tenancy.) - 30 day

written notice from the person selling the building (only if a contract to sell has

been signed), or - 60 day written notice from the buyer after purchase of the

building, or 90 days if the tenant has resided in the premises continuously for

over two years. (Same as regular termination of tenancy for no cause.)

If the tenant does not leave by the termination date, the landlord must get a

court order (called a “Writ of Possession”) before the tenant can be removed.

Going To Court

If the tenant hasn’t moved by the termination date in the notice, the landlord

can sue the tenant in the superior court of the county where the property is

located. The landlord must have the court papers (called a summons and

complaint) delivered to the tenant by a sheriff or constable. A tenant should

seek legal advice as soon as he or she receives the “summons and

complaint.” Once the tenant is served with a summons and complaint, he or

she must give a written response to the court within 20 days of being served. If

a written response is not filed, a judge can issue an order giving the landlord

the right to take possession of the apartment (a writ of possession) shortly after

the sheriff serves the order to the tenant. Just showing up in court without

filing a written answer will not necessarily prevent a default judgment unless

the tenant shows up in court for a hearing on payment of rent into court

before

a judge has granted the default judgment to the landlord, in which case the

tenant’s appearance in court will give the tenant ten days from the date of the

hearing in which to file an answer. This last detail was a Vermont law change

that became effective July 1, 2008.

If an answer is filed with the court, the case will eventually be scheduled for

trial, unless the tenant and landlord work out a deal beforehand. Such a deal

may provide, for example, that the tenant will move out on a certain day, in

exchange for the landlord dropping some or all of his or her claim for back

rent. Any settlement should be put in writing with each party getting a copy,

and another copy should be filed with the court clerk.

The landlord may at any time ask the judge to order the tenant to pay the rent

into a court escrow account while waiting for trial on the landlord’s right to

take possession of the apartment. Law changes effective as of July 1, 2008

state that the order to pay rent into court includes all rent past due as of the date

the landlord filed the complaint with the court or from the date the tenant was

served the summons and complaint, whichever comes first. The tenant has the

right to argue that the full rent should not be paid into court if the building is

not in compliance with habitability laws. If the judge orders the tenant to make

rent escrow payments and the tenant fails to pay as ordered, the judge will

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

issue a judgment in favor of the landlord along with an order called a “writ of

possession.” This will give the landlord the right to take possession of the

apartment not less than ten business days after the judgment. Since the tenant

has the right to argue against payment into court, this is another reason why the

tenant should seek legal advice as soon as she or he receives a summons and

complaint or other court papers.

If the tenant pays rent into court, the case will eventually be scheduled for

trial. At the trial, both the tenant and the landlord will have a chance to ask

questions of each other and all witnesses, and argue their cases to a judge or

jury. After the judge has listened to all the evidence and arguments by both

sides, she or he will make a decision. If the judge finds in favor of the landlord

the judgment and a writ of possession will be issued on that same date. Legal

changes made in 2008 state that the judgment and the writ of possession will

be issued at the same time and will allow the tenant ten business days to move

out before a sheriff can return possession of the property to the landlord. In

some cases, the court may decide that the tenant has the right to stay and/ or

that the landlord owes the tenant some money. If this happens, the court will

deny the landlord’s request that the tenant be evicted and issue an order for the

benefit of the tenant.

A tenant can stop an eviction at any time up until the landlord is put in

possession of the property by paying all rent due, interest and all court costs

and attorney fees of the landlord. This however can only be done once in any

12 month period.

Even without a lease, if a tenant loses in his or her defense against an

eviction, a landlord may be entitled to court costs, sheriff’s fees and attorneys

fees if the tenant

Has not complied with his or her responsibilities under building, housing and

health regulations;

Has disturbed other tenants’ peaceful enjoyment of the premises;

Has deliberately and negligently cause destruction of the premises; or

Has vacated the premises without giving proper notice.

In Vermont state law, see: (

V.S.A., TITLE 9, Chapter 137, § 4456.

Tenant obligations; use and maintenance of dwelling unit)

If the landlord loses the case, even without a lease, the tenant may be able to

recover attorneys’ fees if the landlord:

Has violated the warranty of habitability; [9 V.S.A., Chapter 137, §

4458(a)(b)]

Has violated the Consumer Fraud Act; [9 V.S.A. Chapter 63: CONSUMER

FRAUD, §§ 2451-2462.]

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Has failed to return the security deposit or a statement of security deposit

within fourteen (14) days; [9 V.S.A., Chapter 137, § 4461(e)]

Has engaged in an illegal eviction (a self-help eviction); [9 V.S.A., Chapter

137, § 4464(b)]

Has engaged in retaliatory conduct which is prohibited; [9 V.S.A., Chapter

137 § 4465(b)]

Has discriminated in the rental of housing; [9 V.S.A., Chapter 139:

DISCRIMINATION; ... RENTAL...§ 4506. Enforcement; civil action (b)]

Has converted apartments to condominiums without complying with the

Condominium Ownership Act. In Vermont state law, see (

Title 27: Property

Chapter 15: CONDOMINIUM OWNERSHIP ACT, § 1331, Definitions,

and

§ 1339. Violations)

Generally a landlord can get attorney fees for non-payment of rent if it is

included in the lease.

If the tenant loses the case, the court will issue to the landlord a Writ of

Possession. If the tenant does not move by the date set by the judge, the Writ

of Possession directs the sheriff to put the landlord back into possession of the

unit. If necessary the sheriff could physically remove the tenant, and the

landlord would be allowed to change the locks. This could occur no sooner

than five business days from the day the sheriff serves the Writ of Possession

on the tenant.

A Summary of Illegal Actions that May be Taken By

Some Landlords

(Such actions are sometimes called “self help” evictions, “constructive”

evictions, or simply illegal harassment.)

It is illegal for a landlord to:

Turn off the heat, electricity, or other utilities except for temporary

interruptions for emergency repairs.

Padlock the door to an apartment (without a court order) so the tenant cannot

get in.

Move a tenant’s belongings out of an apartment without a court order.

Confiscate or deny a tenant access to his or her belongings due to back rent

owed or any other reason.(The landlord may, however, require the tenant to

pay reasonable moving and storage costs if the landlord has lawfully removed

the tenant’s property.)

Remedies for Illegal Evictions

If the landlord has taken any of the above illegal actions a tenant should:

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

Notify the police at once if the landlord is in the act of committing an illegal

eviction.

If utilities have been shut off, notify the utility company and the town health

officer or housing inspector. (See, “Enforcement of Housing Codes”)

If the landlord has illegally locked the tenant out, the tenant can take

necessary steps to get back in; this may include reasonable use of the least

destructive force necessary to gain reentry into the apartment. Such action

should be taken only if the tenant is unable to convince the landlord to let him

or her back in and access to the unit and/or personal possessions is relatively

urgent. (The tenant should first notify the police of his or her intention to do

this to avoid any misunderstanding.)

Contact an attorney to explore possibly bringing an action for injunctive

relief, damages, costs and attorney’s fees.

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Click to Return to Table of Contents

Basic Responsibilities of Tenants and Landlords - A

Quick Reference List

Landlords’ Responsibilities

Landlords must ensure that the premises are maintained in a decent, safe,

sanitary condition.

Landlords must ensure that each dwelling unit has an adequate heating

system and complies with all applicable codes.

Landlords must allow tenants the full use and enjoyment of the dwelling unit

and comply with the rental agreement and the law regarding landlord access to

the rental unit.

Landlords cannot use a lease which takes away any of the tenant’s basic

rights under the law.

Before ending the rental agreement, the landlord must give proper notice to

the tenant and, in the case of an eviction, follow proper legal procedures.

Tenants’ Responsibilities

Rent must be paid at the time and place agreed upon by both parties under the

rental agreement.

Tenants must keep their dwelling units safe and clean, take care not to cause

damage beyond normal wear and tear, and notify the landlord of all problems.

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Tenants and their guests must conduct themselves in a manner that will not

disturb other tenants’ peaceful enjoyment of the premises.

Before ending the rental agreement, the tenant must give proper notice to the

landlord.

_________________________________________

Click to Return to Table of Contents

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

LIST OF RESOURCES

Vermont Tenants (VTI), CVOEO

Tenants - Phone: (802) 864-0099 or 1-800-287-7971 (Voice mail messages

system only - calls usually returned within 2-48 hours depending on call

volume, day of work week, holidays, etc.) , 294 North Winooski Avenue,

Burlington, VT 05401.

Attorney General’s Office, Consumer Assistance

Program

(802) 656-3183, 104 Morrill Hall, U. V. M., Burlington, VT 05405, 1-800-

649-2424; (TDD), Assists in the resolution of consumer complaints.

Investigates where there are a number of complaints against the same business.

Burlington Code Enforcement Office:

Enforces Burlington’s Rental Housing Code and Zoning Ordinances

(802)863-0442, FAX 802-863-0466,

645 Pine Street, Suite A, Burlington (Public Works Building)

Mailing Address: Code Enforcement Office, PO Box 849, Burlington, VT

05402-0849

Burlington Fire Department, Fire Marshal division:

(802)864-5577, www.fire.ci.burlington.vt.us/

The City of Burlington’s fire safety is covered by the Burlington Fire

Marshal’s office and limited aspects by Burlington’s Code Enforcement

Office (802) 863-0442

Community Action Agencies in Vermont:

Multi-service organizations supporting the broad interests of low and

moderate income people statewide.

North East Kingdom Community Action, Inc. (NEKCA): (802)334-7316;

1-800-639-4065 (Voice/ TDD)

Champlain Valley Office of Economic Opportunity, Inc. (CVOEO): [For

Tenant issues see contact number above for Vermont Tenants]

Central Vermont Community Action Council, Inc. (CVCAC): (802) 479-

1053 (TDD); 1-800-639-1053

Community Action in Southwestern Vermont (BROC): (802) 775-0878; 1-

800-717-2762

Southeastern Vermont Community Action, Inc. (SEVCA): (802) 722-

4575; 1-800-464-9951

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

Division of Fire Safety, Vermont Department of Public

Safety

National Life Building Drawer 20, Montpelier, Vermont 05620-3401,

(802)828-2106, Toll Free (800)640-2106, Fax: 802.828.2195 In addition to the

main office listed above, the Department of Public Safety, Fire Safety

Division, maintains regional offices:

Chittenden, Franklin, Grand Isle and Addison Counties: (802) 879-2300

Rutland and Bennington Counties: (802) 786-5867

Windsor and Windham Counties: (802) 885-8883

Washington, Orange, Lamoille, Caledonia and Orleans Counties: (802) 479-

4434

Vermont Human Rights Commission

(802)828-2480 (Voice/ TDD) 1-800-416-2010,

135 State Street, Montpelier, VT 05633-6301,

E-mail: [email protected], Investigates and prosecutes

violations of Vermont’s laws prohibiting discrimination in public

accommodations, State employment, and in the rental and sale of housing.

www.hrc.state.vt.us/

Lawyer Referral Service

1-800-639-7036

Maintains a listing of Vermont private attorneys who have indicated an interest

in landlord/ tenant matters. Up to a maximum of $25 for first half-hour

consultation. Fees charged according to individual attorney’s rates after first

half hour. Open 8 A. M. to 4 P. M., Monday-Friday.

www.vtbar.org/static/vtbar/lawyer_referral/information.php

Vermont Apartment Owners Association

(802)985-2764; or 1-888-LOW-RENT (1-888-569-7368)

P. O. Box 3246, Burlington, VT 05401-3246 A trade association representing

both commercial and residential landlords in the state of Vermont.

Vermont Center for Independent Living (VCIL)

(802)229-0501(TDD), or 1-800-639-1522 (TDD),

www.vcil.org/

(A description of the organization taken from their web site follows.) “The

Vermont Center for Independent Living (VCIL), a non-profit organization

directed and staffed by individuals with disabilities, works to promote the

dignity, independence and civil rights of Vermonters with disabilities. Like

other independent living centers across the country, VCIL is committed to

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

cross-disability services, the promotion of active citizenship and working with

others to create services that support self-determination and full participation

in community life.”

Vermont Department of Public Service, Consumer

Affairs Division

1-800-622-4496, 112 State Street, Montpelier, VT 05620 1-800-734-8390

(TDD) Addresses questions about utility collection practices, disconnection

and deposits for consumers of utilities such as electric, telephone, cable and

piped natural gas.

Vermont Law Help Web Site

www.vtlawhelp.org/Home/PublicWeb

An interactive, user friendly web site sponsored jointly by Legal Services

Law Line of Vermont and Vermont Legal Aid.

Vermont Legal Aid, Inc.

www.vtlegalaid.org/

Call 1-800-889-2047 Offices throughout the state offering financially-eligible

tenants advice on all aspects of landlord/ tenant problems and representation in

court actions.

Burlington: 264 North Winooski Avenue, Burlington, Vermont 05402

Montpelier: 7 Court Street, Montpelier, Vermont 05601

St. Johnsbury: 177 Western Avenue, Suite 1, St. Johnsbury, Vermont 05819

Rutland: 57 North Main Street, Rutland, Vermont 05701

Springfield: 56 Main Street, Suite 301, Springfield, Vermont 05156

Vermont Department of Health, Community Public

Health Division

healthvermont.gov/admin/cph/cph.aspx

Phone: (802) 863-7333 or (800) 464-4343 ext. 7333 (from within Vermont),

TTY/TDD: Dial 711 first, FAX: (802) 865-7754, Vermont Department of

Health, Division of Community Public Health, Municipal Health Officer

Program, 108 Cherry Street, P.O. Box 70, Burlington, VT 05402-0070,

Vermont’s Local Boards of Health (made up of Town Health

Officers and local Selectboards) enforce the Vermont Rental Housing Health

Code. For a list of Town Health Officers, go to: Vermont Municipal Health

Officers Listing on the Vermont Department of Health Web Site.

(

healthvermont.gov/local/tho/tho_list.aspx)

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

Vermont Department for Children and Families,

Economic Services Division

www.dsw.state.vt.us/dopage/do_hp.htm

1-800-287-0589 Offices throughout the state offer eligible tenants help with

rent, temporary housing and fuel and utility bills.

Vermont Housing Finance Agency (VHFA)

www.vhfa.org/

(802) 864-5743 or 1-800-287-8432 (TDD) P. O. Box 408, Burlington, VT

05402-0408 If you are thinking about buying a home of your own, VHFA

provides low interest mortgage financing programs to modest-income

Vermonters. Call for current program details.

Vermont State Housing Authority (VSHA)

www.vsha.org/

(802) 828-3295; 1-800-798-3118 (TDD); 1-800-820-5119 (message phone).

1 Prospect St., Montpelier, VT 05602-3556; The VSHA administers several

programs including Section 8 rental subsidies and Public Housing Rental for

lower income Vermonters. Call for more information and income guidelines.

Click to Return to Table of Contents

Acknowledgments

[These acknowledgements are in reference primarily to hard copy editions

which have formed the basis for the continuously edited on-line edition of the

handbook.]

Renting in Vermont is produced by Vermont Tenants (VTI), a tenant

advocacy, counseling, education and referral program with a statewide

outreach. VTI is a program of the Coordinated Statewide Housing Services

division of Champlain Valley Office of Economic Opportunity (CVOEO).

A summary of the information in Renting In Vermont is/or will become

available in several different languages and alternate formats. Contact Vermont

Tenants for details. Bulk copies of the printed version of this handbook are

available for $2.00/copy from Vermont Tenants They are available for

nonprofit agencies on a sliding scale fee basis. Single individual copies are

provided to individuals for personal use free of charge.

The earliest edition of the Renting In Vermont handbook was developed in

1986 by Kirby Dunn, Hollis Hope and Jim Libby in collaboration with

Vermont Legal Aid, Inc. and others. Eight new hard copy editions later many

Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO

people have contributed in numerous ways to making this handbook what it is

today. The following people contributed specifically to revisions in the 8

hard

copy edition of this handbook: Eugene M. Bergman, Esq., Willa Darley

Chapin, Kevin Lunn, John J. McCullough III, Esq., Nadine L. Scibek, Esq.,

Stephen A. Unsworth, Esq., and Ted A. Wimpey.

Printing of the eighth edition hard copy of Renting In Vermont was made

possible in part by a generous grant from the Vermont Bar Foundation.

Additional funding was graciously provided by the following organizations

and agencies:

Burlington Housing Authority

Central Vermont Community Action Council, Inc.

Champlain College

Community Action of Southwestern Vermont

Hartford Housing Authority

Housing Vermont

University of Vermont Office of the Dean of Student Affairs

University of Vermont Student Government Association

Vermont Association of Public Housing Directors

Vermont Center for Independent Living

Vermont Department for Children and Families

Vermont Housing and Conservation Board

Vermont Housing Finance Agency

Vermont Office of Economic Opportunity-

Vermont Rental Property Owners Association, Inc.

Vermont State Housing Authority

Winooski Housing Authority

The original cover page artwork was done by Hendrick Glaeser

Tenants

Vermont Tenants is a program of the Champlain Valley Office of Economic

Opportunity, Inc. (CVOEO).

Renting in Vermont on-line will always be the most current version of

Renting in Vermont available.