Insurance Quotes
 
    PART VII: Landlord and Tenant
    CHAPTER 137: RESIDENTIAL RENTAL AGREEMENTS

    Definitions:
    As used in this chapter:
    (1) "Actual notice" means written notice hand-delivered or mailed to the last known address.
    (2) "Building, housing and health regulations" means any law, ordinance or governmental regulation concerning health, safety, sanitation or fitness for habitation,or concerning the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.
    (3) "Dwelling unit" means a building or the part of a building that is used as a home,residence or sleeping place by one or more persons who maintain a household.
    (4) "Landlord" means the owner, lessor, or where applicable, the sublessor of a residential dwelling unit or the building of which it is a part.
    (5) "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.
    (6) "Premises" means a dwelling unit, its appurtenances and the building, and the grounds, areas and facilities held out for the use of tenants generally or whose use is promised to the tenant.
    (7) "Rent" means all consideration to be made to or for the benefit of the landlord under the rental agreement, not including security deposits.
    (8) "Rental agreement" means all agreements, written or oral, embodying terms and conditions concerning the use and occupancy of a dwelling unit and premises. "Tenant" means a person entitled under a rental agreement to occupy a residential dwelling unit to the exclusion of others. Part VII, Chap. 137,  4451

    Exclusions:
    Unless created to avoid the application of this chapter, this chapter does not apply to:
    (1) occupancy at a public or private institution, operated for the purpose of providing medical, geriatric, educational, counseling, religious or similar service;
    (2) occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the interest of the purchaser;
    (3) occupancy by a member of a fraternal, social or religious organization in the portion of a building operated for the benefit of the organization;
    (4) transient occupancy in a hotel, motel or lodgings during the time the occupancy is subject to a tax levied under chapter 225 of Title 32;
    (5) occupancy by the owner of a condominium unit or the holder of a proprietary lease in a cooperative;
    (6) rental of a mobile home lot governed by chapter 153 of TITLE 10: Part VII, Chap. 137, 4452

    Obligations implied:
    Obligations imposed on landlords and tenants under this chapter shall be implied in all rental agreements. 4453, Part VII, Chap. 137,

    Attempt to circumvent:
    No rental agreement shall contain any provision which attempts to circumvent or circumvents obligations and remedies established by this chapter and any such provision shall be unenforceable and void. Part VII, Chap. 137, 4454

    Tenant obligations; payment of rent
    (a) Rent is payable without demand or notice at the time and place agreed upon by the parties.
    (b) An increase in rent shall take effect on the first day of the rental period following no less than 60 days' actual notice to the tenant. Part VII, Chap. 137, 4455.
    (Added 1985, No. 175 (Adj.Sess.), 1.)
    Tenant obligations; use and maintenance of dwelling unit:
    (a) The tenant shall not create or contribute to the noncompliance of the dwelling unit with applicable provisions of building, housing and health regulations.
    (b) The tenant shall conduct himself or herself and require other persons on the premises with the tenant's consent to conduct themselves in a manner that will not disturb other tenants' peaceful enjoyment of the premises.
    (c) The tenant shall not deliberately or negligently destroy, deface, damage or remove any part of the premises or its fixtures, mechanical systems or furnishings or deliberately or negligently permit any person to do so.
    (d) Unless inconsistent with a written rental agreement or otherwise provided by law, a tenant may terminate a tenancy by actual notice given to the landlord at least one rental payment period prior to the termination date specified in the notice.
    (e) If a tenant acts in violation of this section, the landlord is entitled to recover damages, costs and reasonable attorney's fees, and the violation shall be grounds for termination under section 4467(b) of this title. Part VII, Chap. 137, 4456

    Residential rental application fees; prohibited:
    A landlord or a landlord's agent shall not charge an application fee to any individual in order to apply to enter into a rental agreement for a residential dwelling unit. This section shall not be construed to prohibit a person from charging a fee to a person in order to apply to rent commercial or nonresidential property. Part VII, Chap. 137, 4456a.

    Landlord obligations; habitability:
    (a) Warranty of habitability. In any residential rental agreement, the landlord shall be deemed to covenant and warrant to deliver over and maintain, throughout the period of the tenancy, premises that are safe, clean and fit for human habitation and which comply with the requirements of applicable building, housing and health regulations.
    (b) Waiver. No rental agreement shall contain any provision by which the tenant waives the protections of the implied warranty of habitability. Any such waiver shall be deemed contrary to public policy and shall be unenforceable and void.
    (c) Heat and water. As part of the implied warranty of habitability, the landlord shall ensure that the dwelling unit has heating facilities which are capable of safely providing a reasonable amount of heat. Every landlord who provides heat as part of the rental agreement shall at all times supply a reasonable amount of heat to the dwelling unit. The landlord shall provide an adequate amount of water to each dwelling unit properly connected with hot and cold water lines. The hot water lines shall be connected with supplied water-heating facilities which are capable of heating sufficient water to permit an adequate amount to be drawn. This subsection shall not apply to a dwelling unit intended and rented for summer occupancy or as a hunting camp. Part VII, Chap. 137, 4457

    Habitability; tenant remedies:
    (a) If the landlord fails to comply with the landlord's obligations for habitability and,after receiving actual notice of the noncompliance from the tenant, a governmental entity or a qualified independent inspector, the landlord fails to make repairs within a reasonable time and the noncompliance materially affects health and safety, the tenant may:
    (1) withhold the payment of rent for the period of the noncompliance;
    (2) obtain injunctive relief;
    (3) recover damages, costs and reasonable attorney's fees; and
    (4) terminate the rental agreement on reasonable notice.
    (b) Tenant remedies under this section are not available if the noncompliance was caused by the negligent or deliberate act or omission of the tenant or a person on the premises with the tenant's consent. Part VII, Chap. 137, 4458

    Minor defects; repair and deduct:
    (a) If within 30 days of notice, the landlord fails to repair a minor defect in order to comply with this chapter or a material provision of the rental agreement, the tenant may repair the defect and deduct from the rent the actual and reasonable cost of the work, not to exceed one-half of one month's rent. The tenant shall provide the landlord with actual notice of the cost of the repair, when the cost is deducted from the rent.
    (b) The tenant remedies under this section are not available if the noncompliance was caused by the negligent or deliberate act or omission of the tenant or a person on the premises with the tenant's consent. Part VII, Chap. 137, 4459

    Access:
    (a) A landlord may enter the dwelling unit with the tenant's consent, which shall not be unreasonably withheld.
    (b) A landlord may also enter the dwelling unit for the following purposes between the hours of 9:00 A.M. and 9:00 P.M. on no less than 48 hours' notice:
    (1) when necessary to inspect the premises;
    (2) to make necessary or agreed repairs, alterations or improvements;
    (3) to supply agreed services; or
    (4) to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors.
    (c) A landlord may only enter the dwelling unit without consent or notice when the landlord has a reasonable belief that there is imminent danger to any person or to property. Part VII, Chap. 137, 4460

    Security deposits:
    (a) A security deposit is any advance, deposit or prepaid rent, however named,which is refundable to the tenant at the termination or expiration of the tenancy. The function of a security deposit is to secure the performance of a tenant's obligations to pay rent and to maintain a dwelling unit.
    (b) The landlord may retain all or a portion of the security deposit for:
    (1) nonpayment of rent;
    (2) damage to property of the landlord, unless the damage is the result of normal wear and tear or the result of actions or events beyond the control of the tenant;
    (3) nonpayment of utility or other charges which the tenant was required to pay directly to the landlord or to a utility; and
    (4) expenses required to remove from the rental unit articles abandoned by the tenant.
    (c) A landlord shall return the security deposit to a tenant within 14 days from the date on which the tenant vacated or abandoned the dwelling unit, with a written statement itemizing any deductions. In the case of the seasonal occupancy and rental of a dwelling unit not intended as a primary residence, the security deposit and written statement shall be returned within 60 days.
    (d) The landlord shall comply with this section by hand-delivering or mailing the statement and any payment required to the last known address of the tenant.
    (e) If a landlord fails to return the security deposit with a statement within 14 days, the landlord forfeits the right to withhold any portion of the security deposit. If the failure is wilful, the landlord shall be liable for double the amount wrongfully withheld,plus reasonable attorney's fees and costs.
    (f) Upon termination of the landlord's interest in the dwelling unit, the security deposit shall be transferred to the new landlord. The new landlord shall give the tenant actual notice of the new landlord's name and address with a statement that the security deposit has been transferred to the new landlord.
    (g) A town or municipality may adopt an ordinance governing security deposits on dwellings. The ordinance shall be supplemental to and not inconsistent with the minimum protections of the provisions of this section. The ordinance may not limit how a security deposit is held. The ordinance may authorize the payment of interest on a security deposit. The ordinance may provide that a housing board of review constituted pursuant to section 5005 of TITLE 24 may hear and decide disputes related to security deposits upon request for a hearing by a landlord or tenant: The board's actions shall be reviewable under section 5006 of TITLE 24: Part VII, Chap. 137, 4461

    Abandonment; unclaimed property:
    (a) A tenant has abandoned a dwelling unit if:
    (1) there are circumstances which would lead a reasonable person to believe that the dwelling unit is no longer occupied as a full-time residence;
    (2) rent is not current; and
    (3) the landlord has made reasonable efforts to ascertain the tenant's intentions.
    (b) If the tenant abandons the dwelling unit the tenant shall remain liable for rent until the expiration of the rental agreement. However, if the landlord rents the dwelling unit before the expiration of the rental agreement, the agreement terminates on the date of the new tenancy.
    (c) If any property, except trash, garbage or refuse, is unclaimed by a tenant who has abandoned a dwelling unit, the landlord shall give written notice to the tenant mailed to the tenant's last known address that the landlord intends to dispose of the property after 60 days if the tenant has not claimed the property and paid any reasonable storage and other fees incurred by the landlord. The landlord shall place the property in a safe, dry, secured location, but may dispose of any trash, garbage or refuse left by the tenant. The tenant may claim the property by providing the landlord with the following within 60 days after the date of the notice:
    (1) A reasonable written description of the property; and
    (2) Payment of the fair and reasonable cost of storage and any related reasonable expenses incurred by the landlord. If the tenant does not claim the property within the required time, the property shall become the property of the landlord. If the tenant claims the property within the required time, the landlord shall immediately make the property available to the tenant at a reasonable place and the tenant shall take possession of the property at that time and place. Part VII, Chap. 137, 4462

    Illegal evictions:
    (a) No landlord may willfully cause, directly or indirectly, the interruption or termination of any utility service being supplied to the tenant, except for temporary interruptions for emergency repairs.
    (b) No landlord may directly or indirectly deny a tenant access to and possession of the tenant's rented or leased premises, except through proper judicial process.
    (c) No landlord may directly or indirectly deny a tenant access to and possession of the tenant's property, except through proper judicial process. Part VII, Chap. 137, 4463
    (Added 1985, No. 175 (Adj. Sess.), 1.)
    Remedies for illegal evictions:
    (a) Any tenant who sustains damage or injury as a result of an illegal eviction may bring an action for injunctive relief, damages, costs and reasonable attorney's fees.
    (b) A court may award reasonable attorney's fees to the landlord if, upon motion and hearing, it is determined that the action was not brought in good faith and was frivolous or intended for harassment only. Part VII, Chap. 137, 4464

    Retaliatory conduct prohibited:
    (a) A landlord of a residential dwelling unit may not retaliate by establishing or changing terms of a rental agreement or by bringing or threatening to bring an action against a tenant who:
    (1) has complained to a governmental agency charged with responsibility for enforcement of a building, housing or health regulation of a violation applicable to the premises materially affecting health and safety;
    (2) has complained to the landlord of a violation of this chapter; or
    (3) has organized or become a member of a tenant's union or similar organization.
    (b) If the landlord acts in violation of this section, the tenant is entitled to recover damages and reasonable attorney's fees and has a defense in any retaliatory action for possession. Part VII, Chap. 137, 4465

    Termination of tenancy; notice:
    (a) Termination for nonpayment of rent. Termination for nonpayment of rent. The landlord may terminate a tenancy for nonpayment of rent by providing actual notice to the tenant of the date on which the tenancy will terminate which shall be at least 14 days after the date of the actual notice. The rental agreement shall not terminate if the tenant pays or tenders all arrearages prior to the termination date. A tenant may not defeat a notice to terminate by payment of arrearages more than three times in 12 months. Acceptance of partial payment of rent shall not constitute a waiver of the landlord's remedies for nonpayment of rent.
    (b) Termination for breach of rental agreement. The landlord may terminate a tenancy for failure of the tenant to comply with a material term of the rental agreement or with obligations imposed under this chapter, by actual notice given to the tenant at least 30 days prior to the termination date specified in the notice.
    (c) Termination for no cause. In the absence of a written rental agreement, the landlord may terminate a tenancy for no cause as follows:
    (1) if rent is payable on a monthly basis, by providing actual notice to the tenant of the date on which the tenancy will terminate which shall be:
    (A) For tenants who have resided continuously in the same premises for two years or less, at least 60 days after the date of the actual notice.
    (B) For tenants who have resided continuously in the same premises for more than two years, at least 90 days after the date of the actual notice.
    (2) if rent is payable on a weekly basis, by providing actual notice to the tenant of the date on which the tenancy will terminate which shall be at least 21 days after the date of the actual notice.
    (d) Termination of rental agreement when property is sold. In the absence of a written rental agreement a landlord who has contracted to sell the building may terminate a tenancy by providing actual notice to the tenant of the date on which the tenancy will terminate which shall be at least 30 days after the date of the actual notice.
    (e) Termination by landlord under terms of written rental agreement. If the landlord terminates a tenancy in accordance with the terms of a written rental agreement, the notice to terminate shall be at least 30 days, if rent is payable on a monthly basis and the tenancy has continued for two years or less. The notice to terminate for no cause shall be at least 60 days if the rent is paid on a monthly basis and the tenancy has continued for more than two years. The notice to terminate shall be at least seven days, if rent is payable on a weekly basis; however, a notice to terminate for nonpayment of rent shall be as provided in subsection (a) of this section.
    (f) In all cases the termination date shall be specifically stated in the notice.
    (g) If the building is being converted to condominiums, notice shall be given in accordance with subchapter 2 of chapter 15 of TITLE 27:
    (h) A rental arrangement whereby a person rents to another individual one or more rooms in his or her personal residence that includes the shared use of any of the common living spaces, such as the living room, kitchen or bathroom, may be terminated by either party by providing actual notice to the other of the date the rental agreement shall terminate, which shall be at least 15 days after the date of actual notice if the rent is payable monthly and at least seven days after the date of actual notice if the rent is payable weekly. Part VII, Chap. 137, 4467

    Termination of tenancy; action for possession:
    If the tenant remains in possession after termination of the rental agreement, without the express consent of the landlord, the landlord may bring an action for possession, damages and costs under subchapter 3 of chapter 169 of TITLE 12: Part VII, Chap. 137, 4468.

    Termination of occupancy of farm employee housing:
    (a) For the purposes of this section:
    (1) "Farm employer" means an individual who earns at least one-half of his or her annual gross income from the business of farming as that term is defined in Section 1.175-3 of the regulations issued by the United States Department of the Treasury under the Internal Revenue Code of the United States, as amended.
    (2) "Farm employee" means an individual employed by a farm employer in farming operations.
    (3) "Housing provided as a benefit of farm employment" means housing owned or controlled by the farm employer, whether located on or off the farm premises, and provided for the occupancy of the farm employee and his or her family or household members for no consideration other than the farm employee's labor. Payment of
    utility and fuel charges paid by the farm employee does not affect the designation of housing provided as a benefit of farm employment.
    (b) Unless otherwise provided in a written employment contract, a farm employer who provides housing to a farm employee and his or her family or household members as a benefit of the employment may terminate that benefit and all rights of the employee and the employee's family or household members to occupy the housing when the employee's employment is terminated.
    (c) The termination of the housing benefit shall be by written notice served upon the former farm employee by a law enforcement officer in accordance with Rule 4 of the Vermont Rules of Civil Procedure. The notice shall be served together with a summons and complaint seeking a writ of possession under this section to remove the former farm employee from occupancy of the farm housing. The notice shall include the following statements, in boldface print:
    (1) YOUR EMPLOYMENT AND HOUSING BENEFIT HAVE BEEN TERMINATED.
    (2) YOUR EMPLOYER HAS FILED A LEGAL PROCEEDING IN _____ COUNTY SUPERIOR COURT TO OBTAIN A COURT ORDER DIRECTING YOU AND ANY FAMILY OR HOUSEHOLD MEMBER COHABITATING IN THE DWELLING TO VACATE AND LEAVE THE DWELLING AND REMOVE ALL OF YOUR POSSESSIONS. THE ADDRESS AND TELEPHONE NUMBER OF THE COURT ARE AS FOLLOWS:_____.
    (3) THE COURT WILL HOLD A HEARING ON YOUR FORMER EMPLOYER'S REQUEST FOR A COURT ORDER DIRECTING YOU TO LEAVE AND VACATE THE DWELLING. THE HEARING WILL BE HELD ON ___ at ___ in the ___ AM/PM AT THE COURTHOUSE AT THE ADDRESS LISTED ABOVE. YOU HAVE THE RIGHT TO BE SERVED WITH NOTICE OF THE HEARING AT LEAST TEN DAYS PRIOR TO THE HEARING DATE. YOU HAVE THE RIGHT TO APPEAR AT THIS HEARING. AT THE HEARING, YOUR FORMER EMPLOYER MUST PROVE THAT THE DWELLING IS NEEDED FOR HOUSING A REPLACEMENT EMPLOYEE AND THAT YOUR FAILURE TO VACATE IS CAUSING ACTUAL HARDSHIP.
    (4) IF YOU BELIEVE THAT YOUR EMPLOYMENT WAS TERMINATED WRONGFULLY, THAT YOUR DWELLING HOUSE WAS NOT HABITABLE OR IF YOU HAVE ANY OTHER CLAIM AGAINST YOUR FORMER EMPLOYER, YOU MAY FILE A COUNTERCLAIM AGAINST YOUR FORMER EMPLOYER AS EXPLAINED IN THE SUMMONS AND COMPLAINT THAT ARE BEING SERVED UPON YOU WITH THIS

                                                                  

Need Help? Visit our free online discussion forum

 
 
 
This site Copyright 2003 by US Landlord. All rights reserved.