What to Know Before You Rent

What is your income? If possible, your rent plus your utilities should not be more than 30% of your monthly income. Most evictions are because people could not afford to pay rent and keep the heat on, and pay for all the other necessities. 30% of your income is a good guideline. If more than 30% of your income goes to rent and utilities, you may not be able to repair your car, afford a phone or buy enough food or medicine.

Can you get a rent subsidy? Some units come with a subsidy for financially eligible people. And some housing authorities grant housing vouchers that can pay part of your rent to a private landlord. If a landlord says, “I won’t take your voucher,” that could be illegal discrimination against public assistance. To get a subsidy, you can apply to as many housing authorities and subsidized housing complexes as you want. There are often long waiting lists. Sometimes the waiting lists are closed.

Can you get a renter credit? Once a year, you may be able to claim money from the State of Vermont because you have a low income and paid rent. Your landlord should give you a landlord’s certificate that shows how much rent you paid.

Should you get a roommate to share the costs of renting the unit? Be careful who you pick to share an apartment with. You may have to pay for problems your roommates cause, so pick roommates carefully. And, if you and a roommate make a rental agreement with a landlord, each of you is responsible for the whole rent. That means if one moves out, the remaining one must pay the whole rent. For more on shared responsibility to pay rent, see our page on Guests, Roommates, Subtenants and Trespassers.

Will you pay for heat? The cost of heat could be very important to your budget. If heat is not included in your rent, before you agree to rent, you need to know how much it usually costs for a year to heat the unit. How much heating fuel costs can depend on the kind of fuel, the kind of furnace and how well the unit is insulated. Some people who rent old houses complain that they spend over $400 or $500 each month for heating fuel in the winter.

You may be able to get fuel assistance if your gross income is 185% or less of the federal poverty level. The dollar amount is based on how many people are in your household. Fuel assistance can help you pay part of your home heating bills even if heat is included in your rent and even if you rent a room in someone’s home. For more information about fuel assistance, call the Department of Children and Families at 1-800-479-6151 or go to your local district office.

In addition to rent, your cost could include:

• security deposit
• heat
• electric
• water
• trash removal
• lawn care
• plowing
• parking
• laundry

Make sure you know all of these costs and can afford them before you agree to rent.

Does the landlord want a security deposit? Does the landlord want first and last month’s rent? Some landlords require first and last month’s rent as well as a security deposit. Except in Burlington and Barre, it is legal for the landlord to ask for advance payment of rent.

Will you pay for heat?  You don’t get to pick the kind of furnace or fuel, the landlord does. If you are paying for fuel, you have to know how much it will cost to heat the unit.

What kind of fuel? Propane may require you to put a deposit on the propane tank. The electric company could make you pay for electricity in advance. Fuel oil often requires cash at the time of delivery.

What kind of furnace / heating system? A heater in an outside wall that blows hot air into the room may do a good job of heating that room, but does the hot air reach all the rooms of the unit? If there are radiators, are they only on the first floor, but not the second floor? Ask the landlord, and look at the set up. Figure out whether you are going to have to pay to run the furnace all the time to keep the whole unit warm. Note: Space heaters may not be an option. Space heaters that require fuel and are not vented to the outside are against the law. RHHC 7.5. Some electrical systems may not be safe for space heaters.

How well is the unit insulated? You can look yourself: Do you see light around the outside doors? Do the doors and windows close all the way? Does a closed window move if you poke it with your finger? Are there locks to tighten the closed window? Are there storm windows? If you are going to pay for the heat, you want the heat to stay in the unit.

What is the cost of utilities? If you are going to pay for electric, the unit should have its own meter. If several units are on the same meter, don’t agree to divide the cost evenly between the units; the landlord should pay for electricity. If you have your own meter, check to see if common areas lights are run through your unit’s meter.

Will you pay for water / sewer? Don’t agree to pay that bill unless you have your own meter. If you do agree, find out whether the town will put the account in your name. Check whether the landlord owes a back bill.

Will you pay for garbage removal, plowing, lawn care or laundry? Find out what each of these items will cost you.

Look at the above list. All of these go into your budget for the total cost of the unit. Can you really afford the unit?

When an apartment or house is offered for rent, the law says it must be safe and clean. It also has to meet all building, housing and health regulations that apply. [See What is habitable?]

If the unit does not meet the Residential Rental Housing Health & Safety Code, the landlord must repair it or not rent it. The landlord cannot ask you to take the unit “as is.” We strongly suggest you don’t agree to rent or move in until problems are fixed. If you do move in, get in writing what has to be done and when it will be done. If repairs are not done according to the schedule, ask the Division of Fire Safety (DFS) to inspect your unit.

Before renting, schedule a time to go see the rental unit with the landlord or the landlord’s agent. Below is a list of things to check for and questions to ask as you walk through the unit. Add items and ask questions about conditions that are important to you.

Check for:

• Working smoke detectors on each level of the building and in each room used for sleeping
• Carbon monoxide detectors
• Water pressure — Flush the toilet, turn on the tap
• Water source — If it’s a well, who pays for the electricity for the pump?
• A working sewage system
• Loose paint chips on the window sills or around the building
• Bedrooms — Are they heated? Does every bedroom have a window big enough to climb out in case of fire?
• Appliances — Are they in good shape?
• Accessibility — Does it have what you need? If you need accessibility modifications, you should ask for them. See our Reasonable Accommodations page. The landlord can’t refuse to rent to you because you have a disability or because you asked for a modification. But the landlord may not have to pay for the accessibility modification.
• Dust and mold — Will the unit make you sneeze or wheeze? Is the basement damp? Has there been water damage from leaks or floods?
• Bedbugs, fleas, mice, pigeons or other pests
  • Some pests may be in the unit because the building is not “rodent-proof,” meaning there are holes in the outside of the building that let pests get inside. Units should also have window screens.
  • If any units at the property have had bedbugs but the whole building was not treated, the bedbugs are likely to return. If there has ever been a bedbug problem, find out how long ago bedbugs were seen and when the last treatment was done. If the whole property has been free of bedbugs for at least three weeks, there’s a good chance that the pests are gone.

• When is the unit available?
• Will we have a written rental agreement? [See our page about rental agreements.]
• Does the landlord agree not to raise the rent for a certain period of time?
• Does the landlord want a deposit? And is it a security deposit?
  • Not a security deposit: The landlord may ask for you to put a deposit on the unit. Be sure you know what the landlord means. If you want to offer money to the landlord to hold off from renting the unit to someone else while the landlord reviews your application, and you make your final decision, you need to know if the landlord will give the money back if you don’t make a rental agreement, or if the landlord will apply the money to rent or security deposit if you do make a rental agreement.
  • A security deposit is any advance, deposit or prepaid rent made with the intent of you getting the money back when you move out. The purpose of a security deposit is to make sure you pay your rent and don’t damage the rental unit. 9 V.S.A. § 4461. When the landlord takes a security deposit, it means you have a rental agreement with landlord.
• What is the arrangement for paying the rent? How will you get proof that you paid?
• What is the landlord’s address, phone number and email address? In some cases, the law requires you to send “actual notice” to your landlord about a problem or dispute. (For instance, when you have a problem that makes where you live unsafe or unhealthy.) “Actual notice” means that you must notify the landlord in writing. It’s best to send the notice by mail and also send a copy by e-mail so you can prove the notice was sent and received.
• If your landlord is out of state, ask to have the name and contact information of a local agent included in your lease. If you need to take your landlord to court for some reason, having a local agent will save you time and money when you need to serve legal papers.
• Who should you call for repairs or if there is an emergency with the building? For instance, if your furnace stops working in the middle of the night in January, can you call your landlord for help? If not, what number can you call for that kind of problem?
• Does the landlord have a good way to contact you? Your landlord needs to give you notice to get access for repairs or maintenance, or to show the unit to prospective renters or buyers, or in an emergency.
• Who has a key to the unit? Will the landlord allow you to change the locks?
• Is there parking? For how many vehicles?
• Is there a washer and dryer? Where? Is it free?
• Does the landlord allow smoking?
  • Be honest with yourself about your ability to resist smoking inside. If there is no smoking on the property, note how far you would have to go to smoke and decide whether it is possible for you given your physical abilities or supervision needs of your children.
• Does the landlord allow pets? How many? All types? Is there a pet deposit?
  • Some landlords will allow “some dogs.” It is not illegal for a landlord to refuse to rent to you because of your dog’s breed.
  • A service animal is not a pet. It is discrimination when a landlord doesn’t rent to you because you have a service animal. The definition of a service animal is not as broad as some people wish. See our Reasonable Accommodations and Assistance Animals pages for details.
• Is the property listed for sale or is it in foreclosure?
  • If the property changes owners, the new owner has the right to make you move out even if you have a rental agreement. See our Rights of Tenants in Foreclosure page.
• Why did the last tenant move out? Did the landlord have to evict them?
• Listen to how the landlord talks about the last tenant. Does the landlord complain about the tenant’s personal characteristics or describe a really bad relationship? Do you think the landlord may judge you the same way, even if you are different? This can be a red flag.
• If you would be uncomfortable living in the unit because of something specific, be sure to ask the landlord about your concerns. Examples: The level of security or a death in the building. 

Landlords may require you to fill out a rental application. The landlord wants information on who you are before renting to you. Keep in mind that you can look into who the landlord is, too. You can check the landlord’s name on the internet.

Your rental application will probably ask you for:

• Previous addresses and contact information for former landlords and if you have been evicted before
  • Landlords can check court records.
  • Landlords can call your previous landlord. You may want to gather reference letters from your previous landlords to include with your application. That way, you know what your previous landlord is going to say.
• The name and contact information of your current or previous employer
• Income information
• Personal references
• Credit information. If the landlord wants to get your credit report, the landlord has to get your written permission. 9 V.S.A. § 2480e.
  • Some application forms are written so that when you sign them, you are giving your permission for your landlord to get your credit report.
  • Credit reports do not often show whether you paid rent or not because most landlords don’t furnish information to credit bureaus.
  • It is a good idea to get a free copy of your credit report each year to make sure it doesn’t have mistakes that might keep you from being able to rent. See our Credit and Credit Reports page for more information on checking your credit report.

Application fees / Credit check fees

The law says that a landlord or a landlord’s agent cannot charge you an application fee to apply to rent an apartment or house. 9 V.S.A. § 4456a.

This law doesn’t allow landlords to charge tenants for the cost of credit checks or background checks to apply for an apartment. Any fee the landlord charges you in order to apply is still an application fee, no matter what the landlord calls it. You can object to paying the fee and show the landlord the law. Many landlords might take this as you starting an argument and decide not to rent to you. Another option would be to pay the fee, but later, if you think you were charged an illegal fee, you could bring a claim against the landlord.

If you are applying for subsidized housing, federal law prohibits charging fees. 24 C.F.R. 982.553(d)(3) and 24 C.F.R. 960.204(d).

If a landlord has asked you to pay an application or credit check fee, make an online complaint to the Attorney General’s Consumer Assistance Program (CAP) or call CAP at 1-800-649-2424. Vermont Legal Aid would also like to talk with you. Please email appfees@vtlegalaid.org with your name and contact information.

Criminal background check

The application may or may not ask about your criminal background information.

If you are a registered sex offender, you must tell potential landlords about your status.

If not, you don’t have to tell about your criminal convictions if the landlord doesn’t ask.

However, landlords can check your background even if they don’t ask about it on the application. They may use a service to run a criminal background check. Some landlords search the internet to see if you have ever been in the news because you were arrested as a suspect or convicted of a crime.

Landlords don’t need your consent to run a criminal background check. Do you know about mistakes that may come up in a background check? Do you have the same name as a person who was in the news for possible criminal activity? You may want to tell the landlord about it.

Landlords should be very careful about how they use background checks. Using criminal background checks to screen people who are applying to rent a place could be against the Fair Housing Act.

Landlords shouldn’t turn you away if you have been arrested, but not convicted. If you have a conviction, landlords should look at what you were convicted of and how long ago it happened. For example, a DUI from 20 years ago shouldn't stop you from getting an apartment.

Understand the terms of the rental agreement before agreeing. If you need something, ask the landlord if it can be in the rental agreement.

Rental agreements do not have to be written. It could be you calling the landlord, going to see the place, asking questions, exchanging information, and the landlord says, “Okay, when can you move in?” and you say, “The first” and hand her a check. You have made a rental agreement.

If there is a written rental agreement, make sure you understand it. No rental agreement can take away the rights guaranteed by the RRAA. 9 V.S.A. § 4453, 9 V.S.A. § 4454.

The best way to move in is to:

• have the landlord meet you at the unit
• you both walk through together
• you both sign two copies of the rental agreement
• then you get the keys

Do a walk-through before you move in. It’s best to do it with your landlord or property manager. Make notes in writing. Use an inspection checklist as a guide. Sign and date your notes and get your landlord to sign and date it also. Take photos of any problems. If you think the problems may affect your health or safety, don’t move in, or get the landlord’s written plan of dates to complete repairs. You can also ask the Division of Fire Safety (DFS) to inspect your unit.

Keep a copy of your notes. If you have a written rental agreement, make sure your copy has been signed by you and your landlord or your landlord’s agent.