Vermont Law on Renting: The RRAA

This section tells you about the Residential Rental Agreements Act (RRAA), which sets the rules for renting in Vermont.

This information was written with tenants in mind. Although it is written for tenants, it may be useful for landlords, too. We describe a landlord’s legal obligations here. Landlords who know and follow the law are more likely to have good tenants and good business practices.

This section of our website gives tenants the information they need to be treated fairly:

when searching for an apartment
when negotiating a rental agreement
during a tenancy, and
when moving out or getting a termination notice.

Knowledge is power. To have a good landlord-tenant relationship, both expectations and obligations should be clear. This section explains a tenant’s rights and responsibilities under Vermont law and some federal laws. With the right information at hand, tenants and landlords will better understand the rights of each and be able to avoid problems.

Thirty percent of all households in Vermont live in a place they rent, not own.

There are state and local agencies that watch for safety problems and other housing defects. See our information on What is Habitable? But the main way Vermont law keeps rental housing safe and secure is for tenants and landlords to follow the law and work together to identify and fix problems.

CAUTION: THIS INFORMATION IS NOT LEGAL ADVICE.

This information is not legal advice although it is legal information. If you have a particular legal problem, speak to a lawyer if you need help. You can speak to a lawyer about your legal problem by filling out our form and someone will call you back. Your information will be sent to Legal Services Vermont, which screens requests for help for both Vermont Legal Aid and Legal Services Vermont. You can also call 1-800-889-2047.

Law on renting

There is a written law, a statute, called the Residential Rental Agreements Act (RRAA), 9 V.S.A. §§ 4451-4469a, that guarantees the rights and obligations of tenants and landlords. Vermont law balances the rights and obligations of tenants and landlords.

No written or spoken agreement can change the rights guaranteed to residential tenants by the RRAA. 9 V.S.A. § 4454.

How to look up the law about renting

The law about renting a place to live in Vermont is the Residential Rental Agreements Act, 9 V.S.A. §§ 4451-4469a. It is called the RRAA for short.

When we talk about the law, we will tell you where to find the law in case you want to read the law yourself. So, for instance, 9 V.S.A. § 4454 is a cite to a particular part of the law.
What the cite tells you:
- V.S.A. is short for Vermont Statutes Annotated, which is the name of the set of books of all the Vermont statutes. Statutes are the words of the law passed by the legislature.
- The first number tells you which book, or “Title” the law is in.
- The second number tells you what section of the Title the law is in. § means section; and §§ means sections.
- So, 9 V.S.A. § 4454 means: Title 9 of the Vermont Statutes Annotated, Section 4454.

Also, judges have decided many legal rules about renting in court cases. Rules decided by judges are called the “common law.” In this guide, we sometimes refer to the common law by writing out the case cite, for example, Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313 (1991). There are many, many common law cases, and we do not cite them all.

The importance of “possession”

“Possession” is a legal term. A rental agreement transfers the right to possession of the premises from the landlord to the tenant. 9 V.S.A. § 4451(9). If you have possession, you have a right to live there and to say who comes in and out. But you also have the obligation to take care of your rental unit. You get possession by making a rental agreement with the landlord. (Even if the landlord locks you out, you still have legal possession of the unit.)

After a rental agreement is made, you have legal possession until one of three things happens:

The rental agreement comes to an end and you voluntarily move out and give possession back to the landlord, or
The landlord uses legal steps to end the rental agreement, 9 V.S.A. § 4467, and gets a court order for possession, 12 V.S.A. § 4854, or
You abandon the property. See our page on Have you abandoned your unit? The landlord can claim you abandoned the property only if:
1. You are behind in paying the rent,
2. There are circumstances to show that you no longer live there, and
3. The landlord has tried to find out your intentions, 9 V.S.A. § 4462.

Protect your rights as a tenant

Know what your rights and obligations are.

Treat your decision to rent, and the way you act as a tenant, as you would treat a business decision. Before you rent, you want to know everything about the unit you are renting and the agreement you are making. You want it to make sense for you. You want it to work for you. You want to be comfortable in your home.

Keep written records. If you sign or create any kind of document, keep a copy for yourself. Keep paper copies of your rent payments and rent receipts. Keep copies of written notices you give the landlord about needed repairs. Make notes of when you talked to your landlord and what you talked about.

Do not let a problem go on for a long time without trying to solve it with your landlord.

Words / definitions in landlord-tenant law

“Condition” can mean two things. It can mean one part of an agreement: “It was a condition of the agreement that the landlord provided trash removal.” It can also mean the state of repair of all or part of the unit: “The plumbing was in bad condition. The toilet leaked, leaving a pool of water on the bathroom floor.”
“Reasonable” and “unreasonable” means fair, proper, just, moderate, suitable under the circumstances, or fit and appropriate for the end in view. Or, not.
“Rental agreement” is the word we use to apply to all written and spoken agreements to rent. The word “lease” does not have a special legal meaning in Vermont residential rental agreements law. It means the same thing as rental agreement.
“Term” can mean two things. It can mean one part of a whole agreement: “Joe did not agree with the term of the agreement that required him to pay his neighbor’’s electricity.” It can also mean a specific period of time: “This rental agreement begins July 1, 2016 and ends June 30, 2017. During the term of the rental agreement, rent shall be $800, per month, payable on or before the 5th of each month.”
“Tenancy” is another word for your right to possession of the rental unit.
“Unit” means the place you rent to live in. It could be an apartment, a whole house or a mobile home. It could include halls and doors outside your apartment, yards, driveways, basement, storage space or outbuildings.

List of rights and duties in the RRAA

Tenant’s Rights and Duties	Landlord’s Rights and Duties
Tenants and prospective tenants have the right to be free from discrimination, 9 V.S.A. § 4503.
Tenants have a duty to pay rent, 9 V.S.A. § 4455.	Landlords or owners of residential property have the right to be paid rent. 9 V.S.A. § 4451(7), 9 V.S.A. § 4455.
Tenants have the right to legal possession of the unit, 9 V.S.A. § 4451(9), until both the landlord and the tenant agree to end the tenancy, 9 V.S.A. § 4467(e), the landlord gains possession through the court, 9 V.S.A. § 4468, 12 V.S.A. § 4851, or the tenant abandons the unit, 9 V.S.A. § 4462.	Landlords can regain possession through legal process after a rental agreement has ended, 9 V.S.A. § 4467, 9 V.S.A. § 4468, 12 V.S.A. § 4854. Landlord’s notice of termination of tenancy must follow legal requirements to be effective.
Tenants have the right to ask government agencies, such as the Fire Safety Division, or the town health officer for help with their premises, and a landlord may not retaliate by changing or ending a rental agreement, 9 V.S.A. § 4465.	It is unlawful for landlords to retaliate against tenants for getting help from government agencies or joining a tenant’s union by changing the terms of a rental agreement or evicting the tenant, 9 V.S.A. § 4465.
Tenants may not be illegally evicted by being locked out or shutting off utilities, 9 V.S.A. § 4463.	It is unlawful for a landlord to use “self-help” eviction. Landlords may not lock tenants out or shut off utilities. 9 V.S.A. § 4463.
Tenants can end a rental agreement by giving actual notice one rental period in advance; a written rental agreement could require more or less notice, 9 V.S.A. § 4456(d).	Landlords can end a rental agreement by giving the correct amount of advance notice in writing. The number of days of notice depends on the reason the landlord is ending the agreement, and whether there is a written rental agreement, 9 V.S.A. § 4467.
Tenants have a duty to not damage property or create a code violation, 9 V.S.A. § 4456.	Landlords have a legal obligation to rent and maintain premises that are safe, clean and fit for human habitation and which comply with building, housing and health codes and regulations. Landlords must provide heating facilities, adequate amount of water, and facilities to heat water, 9 V.S.A. § 4457.
Tenants have a duty to not disturb other tenants’ peaceful enjoyment, 9 V.S.A. § 4456.
Tenants may not unreasonably withhold access to the premises from a landlord who is exercising her limited right to access, 9 V.S.A. § 4460.	Landlords have a limited right to access the premises, 9 V.S.A. § 4460.
Tenants must give the landlord actual notice of a code violation or other condition materially affecting health and safety. If the landlord does not repair in a reasonable time after notice, tenants have a limited right to repair and deduct or withhold rent until a repair has been made, 9 V.S.A. §§ 4458, 4459.	If the landlord did not already know of a defective condition, landlord has right to receive actual notice of defects prior to tenant exercising the right to repair and deduct or withhold rent, 9 V.S.A. §§ 4458, 4459.
Tenants have a right to have their security deposit returned within 14 days of when you leave and notify your landlord of your new address, 9 V.S.A. § 4461.	Landlords have a right to retain a portion of security deposit for unpaid rent, unpaid utilities, expenses to remove personal property abandoned by the tenant, and damage beyond normal wear and tear, if the landlord provides an itemization of the deductions and the balance of the deposit within 14 days of tenant moving out, 9 V.S.A. § 4461.

To learn more about these rights and duties, see our page called Rights and Duties Explained.

Kinds of rentals covered by the RRAA

From a private landlord

You rent a unit owned by a private landlord, without a subsidy.
You are a roommate or a sublettor in a unit owned by a landlord.

You rent and have a subsidy helping you pay rent

You rent a unit owned by a private landlord and have a subsidy (a housing voucher) from a housing authority or the Vermont Rental Subsidy program.
You rent a unit and a subsidy comes with the unit.

Rental of a mobile home (not just rental of lot in park)

If you rent a mobile home, you have rights under the RRAA against the owner of the mobile home, who is your landlord. If you live in a mobile home park, you also have rights against the owner of the mobile home park, but those rights are in 10 V.S.A. §§ 6201-6266, not in the RRAA.

Farmworker housing

You are an employee of a farm and your unit is part of your pay.
- The Residential Rental Agreements Act applies, but eviction provisions are different. 9 V.S.A. § 4469a.
- If your employment is terminated, the farmer can evict you.
- A sheriff must serve you with a notice of termination that includes the date and time of a hearing along with a Summons and Complaint.
- The hearing will occur within 10 days of the date you are served by the sheriff.
- At the hearing, if the farm employer shows that he or she is suffering a hardship because you have not vacated the housing, the court can issue a Writ of Possession to make you leave in as few as five days or as many as 30.
- NOTE: If the farmer charges even a small amount of rent for a unit to a farm employee, this is a normal landlord-tenant relationship. in that case, termination provisions are the same as for non-farm-related landlord-tenant relationships.

Other employer-provided housing

Your job requires you to live in a unit, or pays for a unit for you (other than farmworkers). The RRAA applies; this is like any other landlord-tenant relationship.

Transitional housing

You live in a transitional housing or permanent supportive housing program. If the place you live in says it is a “program” rather than a rental, you may still have the rights of a tenant under the RRAA.
- Transitional Housing is housing for homeless people and families. It is meant to provide a stable place to live while you get ready to find permanent housing. These programs include supportive services and often have a time limit to live there. 42 U.S.C. § 11384(b).
- Permanent supportive housing is permanent because it has a rental agreement that doesn’t expire. The rental agreement might have an end date, but it is able to be renewed. The unit comes with supportive services to help homeless persons with a disability or families with an adult or child member with a disability. 42 U.S.C. § 11384(c).
- You have the same rights as all tenants if you are paying rent. If the program has an occupancy agreement that says that you are not a tenant, that part of the occupancy agreement is not legally valid.
- The rental agreement is likely to contain certain provisions particular to the program. For instance, the lease can require the tenant to attend meetings with a housing counselor. It can be a breach of the lease if the tenant fails to attend those meetings.
- Eviction from program housing: In both transitional housing and permanent supportive housing the program is required to take extra steps before trying to evict you. Federal law requires that housing providers should only terminate tenancies “in the most severe cases.” 24 C.F.R. § 583.300(i). To terminate the tenancy, the housing provider must provide the tenant with a written notice that includes a clear statement of the reasons for termination, the opportunity to appeal the termination in writing or orally, and final written notice of the termination decision.

Housing that is not covered by the RRAA

Even if you pay rent, the following kinds of housing are not covered by the RRAA.

You live in a facility such as a dormitory, medical facility, nursing home, rehab center or religious institution. 9 V.S.A. § 4452(1).
You live in a home under a contract of sale / rent-to-own agreement. 9 V.S.A. § 4452(2). If the home is a mobile home, 9 V.SA. § 2602 applies and 32 V.S.A. §§ 10004-10008 may apply.
You rent a room in a motel / hotel for 29 days or less. 32 V.S.A. § 9202(7). There are health regulations that applying to hotels and motels.
You rent a room in a motel / hotel for any length of time and your rent is paid by the State of Vermont General Assistance or Emergency Assistance. 9 V.S.A. § 4452(8).
You rent a campsite or seasonal property (such as cabin, tent, lean-to, RV). 9 V.S.A. § 4452(7). There is a law that covers eviction from campgrounds. 9 V.S.A. § 4470.
You live in a religious or social organization’s property. 9 V.S.A. § 4452(3).
You moved in to a place without permission of the owner. This can be called “squatting.”
- If you enter a dwelling without the consent of the owner or person in lawful possession of the dwelling, even if the dwelling is not occupied, you could be accused of unlawful trespass. Trespassing is a crime. 13 V.S.A. § 3705(d).
- If you move in without permission of the owner, the owner can file in court to get you out. 12 V.S.A. § 4911.
- You have the right to occupy a unit if you have made an agreement, either in writing or orally, with the owner or a tenant who lives in the unit.
- If the tenant’s written rental agreement says there is no subletting, you need permission from the owner, 9 V.S.A. § 4456b(1)(1), and if you don’t have it, the owner can evict you. 12 V.S.A. § 4853(b).
You own and live in a mobile home that is in a mobile home park.
- The RRAA does not apply. The law that applies is 10 V.S.A. §§ 6201- 6266.
- The Mobile Home Parks section of our website discusses the park owner’s duties regarding habitability and eviction.
You rent a mobile home that is in a mobile home park.
- The RRAA applies between you and the owner of the mobile home.
- 10 V.S.A. §§ 6201-6266 applies between you and the park owner. See our Mobile Home Parks section.

Housing discrimination

In addition to the protections for tenants in the RRAA, there are other laws that protect you against discrimination in housing. You cannot be discriminated against due to your race, sex, sexual orientation, gender identity, age, marital status, religious creed, color, national origin, or disability of a person, or because a person intends to occupy a dwelling with one or more minor children, or because you get public assistance. 9 V.S.A. § 4503.

Visit the Housing Discrimination and Fair Housing section of our website to learn more.