Must I register my rental property or myself as a landlord?
Owners of all rental units in Burlington, Vermont are subject to inspection including rental units within the city and hotel/ motel rooms which are regularly let to the same tenant(s) for a period in excess of 30 days; for the purpose of determining whether a violation exists. The landlord is required to file an annual registration application and fee with the enforcement agency, which shall be due on or before April 1. For further information contact the Burlington, Vermont zoning office.
All other areas may be subject to specific registering requirements as well, contact your local housing or zoning office to make sure.
How much can I charge for rent?
Vermont does not restrict the amount of rent a Landlord is permitted to charge. Therefore, a landlord may charge whatever he/she feels necessary. Additionally, the state of Vermont has not established rent control or stabilization policies.
How much is the maximum I may charge for an application fee?
This is not a permitted fee for the state of Vermont.
May I charge a late fee?
Landlords may only charge a late fee to cover expenses actually incurred as the result of tenant’s tardiness in paying rent. Such a fee may not simply be a penalty. A late fee, which is not reasonably related to the landlord’s expenses, is invalid and if challenged, the tenant may not have to pay it. A tenant may actually request a landlord to present documentation proving such expenses.
May I charge a returned payment fee?
Any person issuing or passing a bad check may be subject to civil and criminal penalties under the laws of the State of Vermont.
Under Chapter 57, § 2311 of the Vermont Commerce and Trade Code, in an action against an individual who issues a bad check, the receiver of that check may recover from the maker court costs, costs of service, the amount of the check, bank fees, and interest. The holder is also entitled to attorney's fees and damages in the sum of $50.00
Very Important: A written notice of dishonor must be given to the maker of the bad check by both certified mail and by first class mail, addressed to the maker at the address as it appears on the check or at the last known address. The receiver of the check is also entitled to attorney's fees and damages in the sum of $50.00. The notice must state the date the check was written, the person to whom the check was made payable, bank fees, mailing costs, the amount of the check and the date by which payment should be made. A person is presumed to have knowledge of dishonor at the time the check was issued if his check is refused payment and he fails to pay the check with all costs and protest fess within 8 days after receipt of notice of dishonor. (Comm. & Trade 57-2312.)
A person who knowingly passes a dishonored check may be subject to criminal penalties of imprisonment for not more than one (1) year, or fine of not more than $1,000, or both. The Court may also order restitution in the amount of the check, together with a service charge not to exceed $5.00. (Crime & Crime Proc. 13-2022.)
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Is there a limit on the amount I may collect for a security deposit?
In Vermont, the definition of a security deposit is any advance deposit or prepaid rent, however named, which is refundable to the tenant at the termination of the tenancy. The function of a security deposit is to secure the tenant's obligations to pay rent and to maintain a dwelling unit. There is no specification within the Commerce and Trade Chapter of the Vermont Statutes in the section titled “Residential Rental Agreements” determining any limitation on the amount that can be charged.
Some jurisdictions such as Burlington and Barre limit the amount of the security deposit to an amount equal to 1 month and do require interest to be paid on the security deposit. Landlords should check with their local authorities for the requirements of their location.
After my tenant has moved, how long do I have to send the security deposit back?
A landlord shall return the security deposit or the balance thereof 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.
What is a common problem where security deposits are concerned?
At times landlords may try claiming deductions for items that are often characterized by the court as normal wear and tear. This situation may be prevented by realistically evaluating each deduction, providing proof of damage, as well as including repair receipts and pictures.
What are the rules for ending a Lease Agreement?
If there is a written rental agreement the landlord may terminate a tenancy in accordance with the terms of the written rental agreement. If there is no written rental agreement or there was one that is now expired, the landlord can legally terminate and evict a tenant for no reason at all. The eviction notice may be sent by ordinary mail or hand delivered to the tenant.
Leases for 2 Years or Less: If rent is payable on a monthly basis and the tenant has resided on the premises for two years or less, the notice must give the tenant at least 60 days notice from the date it is received to the time that the letter tells the tenant to leave the premises.
Leases for 2 Years or Longer: If the tenant has resided at the premises continuously for longer than two years, the tenant is entitled to 90 days advance notice before the termination date. If rent is payable on a weekly basis the notice must provide the tenant with 21 days notice before the termination date.
Attention Burlington Tenants: Eviction for "No Cause"
If there is no written rental agreement and the tenant lives in Burlington and pays rent monthly, the tenant is entitled to more advance notice:
If the tenant has lived on the premises for two years or less, the landlord must give at least 90 days notice to evict for no cause.
If the tenant has lived in the same place continuously for more than two years, the landlord must give the tenant 120 days notice to evict for no cause.
My tenant has not paid rent, how may I proceed?
The landlord must provide the tenant with a 14 day written notice giving the tenant the option to pay or vacate. The notice must specifically state the amount due, and if paid before the termination date, the tenancy will continue. If a tenant pays into the court all rent due through the end of the current rental period, including interest and any court costs; the action shall be discontinued. A tenant may not defeat an ejectment (eviction) action in this way more than one time within twelve months. The twelve month period commences on the day that payment is made.
My tenant has violated provisions of the lease agreement, how may I proceed?
The landlord may terminate the tenancy by giving the tenant at least 30 days written notice. The notice must specifically state what actions are the cause(s) for the eviction. If the termination is based on criminal activity, illegal drug activity, or acts of violence which threaten the health or safety of other residents, the landlord may terminate the tenancy with 14 days notice. If the tenant does not comply, the landlord may file in court for possession and damages.
How long does it usually take for eviction?
It depends and varies, but could take approximately 4-6 weeks to obtain possession.
What must I do if I need to enter my property? Do I have to notify the tenant?
With 48 hours notice, the tenant shall not unreasonably with-hold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, workers or contractors.
The landlord may enter the dwelling unit without consent in cases of emergency. "Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.
The landlord may enter the dwelling unit without consent in cases of emergency.
Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the lease.
How do I tell if my tenant has “skipped” out of the apartment?
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.
Please Note: 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.
What do I do if my tenant leaves property behind?
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.
Any personal property remaining in the dwelling unit or leased premises after the tenant has vacated may be disposed of by the landlord without notice or liability to the tenant or owner of the personal property, provided that one of the following has occurred: The tenant provided actual notice to the landlord that the tenant has vacated the leased premises and/or the tenant has vacated the leased premises at the end of the rental agreement
Can I require my tenants to obtain renter's insurance?
Landlords may require tenants to obtain rental insurance, and could make the failure to do so a breach of the lease.
Aside from the lease agreement, are there any additional documents necessary?
If the leased premises was constructed prior to 1978, the landlord must provide all tenants with the Lead-Based Paint EPA Disclosure and the Lead-Based Paint EPA Pamphlet.
Disclosure: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.