Tenant Rights in Vermont
Vermont's landlord-tenant laws provide tenants with rights to fair housing, rights against prohibitive late fees, rights to notice prior to rental increases and implied rights to peaceful enjoyment of their rental units. Landlords who breach their duties to provide tenants with these fundamental rights may be liable for monetary damages and legal sanctions.
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Fair Housing Laws
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Vermont landlords cannot deny housing to residents based on race, original, age, gender, sexual orientation, disability, marital status or religion. Landlords may refuse housing based on an individual's credit history, prior rental behavior and history of disturbing other tenants, damaging property or not paying rent. Tenants that experience discrimination by landlords may contact the Vermont Human Rights Commission or Legal Aid to help them file a complaint. If the landlord is found to have engaged in discriminatory rental practices, tenants may have a right to obtain the rental and receive money damages from their landlords.
Late Fees
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Landlords may assess late fees against tenants for failing to pay rent on time. However, the landlord's late fee must cover only incidental expenses and reasonable interest charges for lost opportunities. Vermont's landlords may not charge tenants for a late fee solely assessed as penalties, since they are not reasonably tied to the landlord's bona fide expenses. Tenants may request an itemization of the landlord's late fee charges and can legally refuse to pay the late fee if the landlord does not provide the itemization.
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Privacy Rights
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Tenants in Vermont have a legal right to privacy and quiet enjoyment. Tenants can sue their landlords for breaching their rights and may be awarded money damages. In egregious cases, landlords may even be held in violation of Vermont's criminal trespass laws. Landlords may not enter a tenant's rental unit without the tenant's prior consent unless the landlord reasonably believes the tenant's rental unit poses a danger. Vermont also makes it illegal for a tenant to unreasonably deny the landlord's request for entry. Landlords may enter a tenant's apartment after providing at least 48 hours of notice if the tenant denies access. However, landlords may only gain entry without permission between 9 a.m. and 9 p.m. if the landlord needs to inspect the tenant's unit, must perform repairs or improvements or is showing the apartment to prospective tenants.
Rental Increases
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Vermont does not have any laws limiting how often landlords may raise rent, or amounts landlords can charge for rent, but landlords must comply with its lease provisions as to when increases may occur. If the lease contains a provision prohibiting rental increases for a set period then landlords may not increase rent during that period. If a tenant's lease does not contain a provision then the landlord may not increase rent during the entire period of the tenancy. All landlords must provide written notice prior to increasing rent if the tenant's lease allows rental increases at any time. For instance, landlords can only increase rent in Burlington, Vermont, after providing the tenant with at least a 90-day written notice period. In all other counties, Vermont landlords must provide at least 60 days of written notice prior to increasing the rent.
Considerations
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Since real estate laws frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
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