Vermont
A Vermont residential lease agreement is a legally binding contract between a landlord and a tenant that outlines the terms and conditions of renting a residential property. This document is essential for defining the rights and responsibilities of both parties and ensuring compliance with state laws.
Required Disclosures
In Vermont, certain disclosures are mandatory for residential lease agreements:
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Lead-Based Paint Disclosure: Landlords must inform tenants if the property was built before 1978, as it may contain lead-based paint. This includes providing a lead-based paint disclosure form and an Environmental Protection Agency (EPA) pamphlet about the hazards of lead-based paint.
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Flood Zone Notice: Landlords must disclose if the property is located in a flood zone, specifically if it is below the 100-year floodplain as determined by FEMA.
Security Deposit Regulations
Vermont law does not impose a maximum limit on the amount a landlord can charge for a security deposit. However, landlords are required to return the security deposit within 14 days of the tenant vacating the premises. For seasonal rental properties, landlords have up to 60 days to return the deposit. If deductions are made from the deposit for damages, landlords must provide an itemized list of these deductions.
There is no requirement for landlords to hold security deposits in a separate bank account, and receipts for security deposits are not mandated by state law.
Rent Payment Guidelines
Rent must be paid on the due date agreed upon by both the landlord and tenant, as there is no grace period specified in Vermont law. While state statutes do not limit the amount a landlord can charge for late fees, any fees must be reasonable and reflect actual expenses incurred due to the late payment. There is no statute governing fees for bounced checks (NSF).
Tenants may withhold rent if the landlord fails to maintain the property in a clean and safe condition after being notified of the issue.
Breaking a Lease
If a tenant fails to pay rent, the landlord can issue a 14-day notice to pay or vacate the premises. Non-compliance with lease terms may result in a 30-day notice to quit, allowing the tenant an opportunity to remedy the situation. However, if the non-compliance is due to illegal activity, the lease is automatically terminated with a 14-day notice.
Tenants are responsible for maintaining the property, refraining from disturbing other tenants, and complying with health and building regulations. Landlords are prohibited from denying tenants access to their rental unit or personal property without a court order.
If a tenant abandons the property and stops paying rent, they remain liable for all rent due until the lease ends. The landlord is not legally obligated to re-rent the property but may do so, which would terminate the previous tenant’s lease.
Lease Termination Procedures
For month-to-month tenancies without a written lease, landlords must provide 60 days’ notice to terminate. If the tenant has rented continuously for more than two years, the notice must be 90 days.
In cases where a tenant abandons the rental unit, the landlord must hold any personal property for 60 days. If the tenant does not claim their belongings and reimburse the landlord for costs incurred, the property becomes the landlord’s.
Conclusion
A Vermont residential lease agreement is a crucial document that ensures clarity and legal compliance in the landlord-tenant relationship. By adhering to the required disclosures and regulations, both parties can protect their rights and responsibilities throughout the rental period.
FAQs
In Vermont, landlords must provide a Lead-Based Paint Disclosure for properties built before 1978, informing tenants of potential lead hazards. Additionally, they must disclose if the property is in a flood zone, although specific regulations for this disclosure are still pending from the state Department of Housing.
Landlords in Vermont must return a tenant’s security deposit within 14 days of the tenant vacating the property. If deductions are made for damages, the landlord must provide an itemized list of those deductions within the same timeframe.
No, Vermont law does not provide a grace period for rent payments. Rent must be paid on the due date agreed upon in the lease agreement.
If a tenant abandons the rental property, they remain liable for all rent due until the end of the lease. The landlord is not legally obligated to re-rent the property, but if they do find a new tenant, the new tenancy will terminate the previous lease.
Landlords can enter a rental property without consent in emergency situations. Otherwise, they must provide 48 hours’ notice to the tenant for routine inspections, repairs, or to show the property to prospective tenants or buyers.
Vermont law does not specify a maximum amount for late fees, but they must be reasonable and reflect actual expenses incurred by the landlord due to the late payment. The lease agreement should outline any applicable late fees.
For month-to-month tenancies in Vermont, landlords must provide 60 days’ notice to terminate the lease if it has lasted less than two years. If the tenant has lived in the property for more than two years, the notice period extends to 90 days.
No, lease agreements in Vermont do not need to be notarized to be valid. However, having a written agreement is essential for clarity and legal enforceability.