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All agreements between a property owner and an occupant are "rental arrangements" according to Vermont's Residential Rental Agreements Act (RRAA). 9 V.S.A. § 4451( 8 ). The rental agreement does not need to be in writing. You and the property owner have all the rights and responsibilities in the law despite the fact that there is no written arrangement. 9 V.S.A. § 4453.
The RRAA needs that the tasks and rights of property managers and renters in the law are indicated (made a part of) all rental contracts. Which ones are suggested in all rental contracts? See this list of rights and tasks of renters and landlords. For more details on these rights and duties, visit our Rights and Duties Explained page.
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All of the arrangements made by you and the landlord or indicated by the RRAA are called the "terms" of the occupancy. 9 V.S.A. § 4454.
The RRAA secures you and requires you to do (or not do) some things. It also secures landlords and requires them to do (or not do) some things. The law is the exact same if you have a written or verbal rental arrangement. 9 V.S.A. § 4453.
Any part of a rental agreement that tries to get around the RRAA isn't legal. 9 V.S.A. § 4454. See the list of rights and duties in the RRAA for what should be in a rental contract.
The RRAA never uses the word "lease." Calling a residential rental contract a "lease" does not have any special legal meaning in Vermont. Other statutes (12 V.S.A. § 4851( ejectment), 10 V.S.A. § 6201( 5 )( mobile home parks)), the courts, subsidized housing property managers and housing authorities do use the word "lease."
Rental agreements can be for a duration of time that is specified in the rental arrangement. For instance, the agreement could be six months or a year. During that time, all of the terms (consisting of the quantity of lease) of the occupancy stay the exact same. Or a rental arrangement can be "month-to-month." This implies the length of the occupancy or the quantity of lease can be changed as long as you get the notice required by the RRAA.
As far as rental contracts go, calling it a lease doesn't ensure that the terms can't be changed for a year. If you desire the occupancy to be for a specific period of time, you have to get the property manager to agree.
All of the rights and commitments of the RRAA become part of the arrangement even without being jotted down. 9 V.S.A. § 4453. Any extra terms may not be enforceable unless you and the property owner have talked about them and agreed - and then only as long as the RRAA does not restrict the arrangement. 9 V.S.A. § 4454.
If you have only a verbal agreement, you might "concur" to something without realizing you have agreed. For instance, if you agree to no holes in the walls believing that does not keep you from hanging images, the proprietor may charge you for fixing the holes from hanging your pictures.
When you are choosing to lease an apartment or condo, you require to pay close attention to what the landlord states.
Because the RRAA sets out many rights and duties of renters and proprietors, and due to the fact that composed rental agreements can't change what remains in the RRAA, a written rental contract tends to have more advantages for property managers than for occupants.
Advantages for a landlord:
- The property owner could shorten the time length of advance notification needed to end the occupancy. 9 V.S.A. § 4467( c), (e).
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