RENTER'S RIGHTS
A guide for VERMONT Renters Compiled and Produced by The Heretic Media Collective 2015
Chapter 1 PRIVACY You have the right to privacy. Your landlord must respect your privacy as a renter. Vermont State Law says: - A landlord may enter with the tenant's permission at a time you agree upon. -To enter without permission, your landlord MUST give you 48 HOURS NOTICE, and may only enter between 9am and 9pm. They may only enterfor the following reasons: - to inspect your apartment - to make necessary or agreed repairs,
alterations, or improvements -to supply agreed services - to exhibit your apartment to prospective or actual purchasers, mortgages, tenants, workers, or contractors If your landlord complies with these rules it is illegal to deny them access to your apartment. If your landlord is ILLEGALLY ENTERING your apartment you can: Send a written notice to your landlord referring to the law and informing them that by accessing your apartment proper notification they are breaking
the law.
ALWAYS KEEP A COPY OF ANY COMMUNICATIONS WITH YOUR LANDLORD. If they continue to break the law, you can then: - Send a notice of “No Trespassing” to your landlord. Bring a copy to your local authorities to keep on record and post a copy on your front door saying that if your landlord enters without proper notice, they are trespassing. - You can also call the police if you choose. - You can also obtain legal advice
(Vermont Legal Aid is a great place to get free advice).
Chapter 2 RENT INCREASES Your landlord must give you at least 60 DAYS WRITTEN NOTICE (OR AT LEAST 90 DAYS IN BURLINGTON) before the increased rent is due. Also, your landlord can't raise the rent until the end of the lease period, unless the lease allows it. When the lease is up, the landlord can tell you that your rent is going up but must still give you at least 60 days (or 90 in Burlington). If your landlord gives verbal notice or
if the notice time is too short you can: 1. Talk to your landlord and explain to him/her what proper legal notice is. 2. Follow that up with a letter explaining the law. 3. If renting month-to-month: do not pay the rent increase until 60 days have passed. 4. If renting under a lease: do not pay the increase until the lease ends, and 60 days have passed since you received notice. Your landlord can't use a rent increase (or evict you) in retaliation against you for knowing your rights under Vermont Landlord/Tenant law. If you are in subsidized housing, your rent can be increased with less notice if you
start making more money.
Chapter 3 LATE FEES Most rental agreements specify the amount of rent, when it's due and where it's to be paid. As a tenant, it is your responsibility to pay rent on time, because your landlord relies on your payment to meet his/her own costs. Your landlord may charge a late fee if you fall behind on rent, but ONLY if it is stated in the lease. There is a very special case in Vermont court history: It is called Highgate Associates, Ltd. v. Lorna Merryfield, Supreme Court Docket No.90-032. Because of this court case your
landlord can only charge you late fees to cover expenses ACTUALLY INCURRED as the result of paying rent late.
A LATE FEE CAN'T BE USED TO JUST PUNISH YOU. A late fee which is not reasonably related to your landlord's expenses, is invalid and you do not have to pay it. If your landlord tries to charge a late fee you should send a letter requesting to see documentation that the late fee is equal to your landlord's expenses. Once again, ALWAYS keep a copy of any letters/e-mails you send or receive from your landlord.
If your landlord can't or won't show the documents you can refuse to pay the late fee.
CHAPTER 4 SECURITY DEPOSITS Your landlord must return the security deposit within 14 days from the day your landlord knows you have moved out of your apartment/house. The security deposit return should include a written statement itemizing any deductions taken out by your landlord. If your landlord fails to give back your security deposit and statement within the 14-day period, the landlord must return your deposit! If you do not receive your deposit back
or if you disagree with the deductions your landlord has made you may go to Small Claims court to try to recover your deposit. If you live in an apartment in Burlington or Barre you can go to your local Housing Board of Review. If your landlord willfully withholds or fails to return your security deposit and written statement,
THE LANDLORD MAY (at a judge's choice) BE ORDERED TO PAY YOU TWICE THE AMOUNT OF THE DEPOSIT PLUS REASONABLE LAWYER FEES AND COSTS IF YOU GO TO COURT. NORMAL WEAR & TEAR: Your
landlord CAN'T deduct from a security deposit the costs of repairing normal wear and tear on the apartment/house.
This includes: routine maintenance, painting (unless careless, negligent, accidental or destructive activity have made repainting necessary when it normally wouldn't be), re-advertising the apartment (except if you break the lease), or renovation of the apartment/house.
RETURN OF YOUR SECURITY DEPOSIT- IF THE BUILDING IS SOLD : If your landlord sells the
building, they must transfer all security deposits to the new owner, and the new owner MUST give you their name and address, and the state that your deposit has been transferred to. Your new landlord is responsible for returning security deposits, EVEN
IF THE TRANSFER OF DEPOSITS
NEVER HAPPENED. BURLINGTON'S SECURITY DEPOSIT LAW: Burlington has its
own ordinance regulating security deposits. This law limits the total amount of deposit your landlord can ask for NO MORE THAN ONE MONTH OF RENT, regardless of what your landlord decides to call it. A security deposit, a damage deposit or a pet deposit, or last month's rent... it's all the same thing. However, the law does allow your landlord to require an additional payment equal to one half the amount of a month's rent for allowing or having pets. This additional payment can't be charged if you have a service
animal of any kind. This law also requires your landlord to put the deposit into an interest-bearing account, with an interest rate at least equivalent to a current Vermont bank passbook savings account, and to
GIVE YOU THE INTEREST WHEN YOU MOVE (unless you use it to pay owed money to your landlord).
This law also requires you and your landlord to fill out an inspection checklist at the beginning of your tenancy listing the damages that already exist. Also, this law says that you can't use your deposit aas last month's rent unless your landlord agrees. Disputes can go the the Housing Board of Review within 30 days.
THE BARRE SECURITYDEPOSIT LAW: Barre City has a security deposit law similar to the one in Burlington. Under this law, deposits are limited to one month's rent, and tenants are entitled to the interest. Barre has a Housing Board of Review which is similar to Burlington's.
TIPS FOR GETTING YOUR SECURITY DEPOSIT BACK BEFORE YOUMOVE IN: You and your landlord should walk through the empty apartment together and write down any damage or problems that need to be fixed. This is important so it is clear that you are
not responsible for this damage when you move out. You should keep a copy of what you have written. If your landlord will not do a walkthrough or write these things down, you should: Take pictures before you move in! Place a copy of that day's newspaper in full view in each picture and/or have a time stamp on your digital camera. Make a list of all the damages and things that need to be fixed, copy the list, and sent it to your landlord in a letter asking that all items be repaired.
DURING YOUR TENANCY:
Vermont Statute – 9 V.S.A. Chapter 137 §4451(5) says: “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” are damages you can be held responsible for! - Don't break your lease! - Give proper notice to move out – Burlington law requires to full rental periods of notice. If you don't give notice or move out before the end of the lease, your landlord can make you pay rent for all of the times they can't get a new tenant into the house/apartment.
BEFORE YOU MOVE OUT: - Ask your landlord to do a walkthrough with the 2-3 weeks before you move. - Ask your landlord to point out anything you should correct before you move. - Once you move out all of your property, take pictures. Do a walk-through of your empty apartment after you move out. Use the original checklist from when you moved in. Let you landlord know in writing when you are completely out of the apartment. Give your landlord an address to send your deposit to.
Chapter 5 MAJOR CODE VIOLATIONS Under both Vermont law, you have the right to safe and decent housing. If you have problems in your apartment that are definitely health and safety threats then those problems violate Vermont's Warranty of Habitability law. If you have such problems with your apartment and your landlord won't fix them you can: 1. Talk to your landlord. Tell them what's wrong and why it matters. Be assertive. If they don't care, you can then: 2. Contact a Health Officer or rental housing inspector for your town (their
numbers are on Google, simply search for “rental housing inspector” and the name of your town). You can also contact Code Enforcement for your town (again, it's all on Google). Do this as quick as you can! An inspector can ORDER your landlord to fix the problem. If the inspector finds serious code violations in your apartment you can use their documents as proof in court.
IT IS ILLEGAL FOR YOUR LANDLORD TO RETALIATE OR PUNISH YOU FOR MAKING A COMPLAINT TO AN ENFORCEMENT OFFICER! ALWAYS send a written notice to your landlord and/or property
manager informing him or her of what's happening and what you intend to do. You must do this even if the landlord already knows about the problem. Remember to date the letter, send by certified mail, and keep a copy in a safe place. Again, this can be used to your advantage in court. If your landlord does not make repairs in a reasonable amount of time (depending on the problem, this may be longer than usual) you can: 3. Begin withholding rent until the problem is fixed. If you withhold rent you must put the rent money into a separate account at a bank each time it is due. DO NOT
SPEND WITHHELD RENT
MONEY. You will need to prove in
court that you are witholding rent for a legal reason and not just because you couldn't or wouldn't pay rent for another reason. You can also: 4. Terminate the rental agreement after giving the landlord reasonable notice 5. Get an order from a judge forcing the landlord to fix the problems (GET
A LAWYER)
6. Sue for damages and lawyer fees (DEFINITELY GET A LAWYER). You can do more than one of these
things at the same time. Doing one thing does not prevent you from doing another in this case.
Chapter 6 USING “REPAIR AND DEDUCT� FOR MINOR REPAIR PROBLEMS If your apartment has minor problems that need fixing (leaky sinks, broken windows, faulty appliances, or anything on the lease that isn't being taken care of) you can: - Notify the landlord of the problem (preferably in writing). - Wait for 30 days. During this 30 day period it might be a good idea to get an estimate to see how much the
problem will cost to fix. -After 30 days AND if the cost is no more than half of one month's rent: a- have the problem taken care of b- deduct the cost from your rent c- send notice of the cost (copies of bills and receipts) with what's left of the rent for the next rental period. You can also fix the problem yourself and deduct from the rent the cost of materials and a reasonable amount of labor cost. You can't fix things that require a licensed technician. Don't try to fix anything structural, electrical, or anything to do with heating.
“Repair and Deduct� is not an option if the problem is your fault.
Chapter 7 USEFUL RESOURCES Vermont Legal Aid Burlington, VT (800) 889-2047
Vermont Law Line (802) 863-7153 www.lawlinevt.org
Vermont Tenants 802-864-0099 1-800-287-7971
Tenant Defenses to Evictions in Vermont
http://www.nolo.com/legal-encyclopedia/tenantdefenses-evictions-vermont.html
Burlington Code Enforcement:
(802) 863-0442 www.burlingtonvt.gov/CodeEnforcement