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VT Real Estate: Leasing and Property Management

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Leasing and Property Management

The Vermont residential tenancy

Vermont's residential rental agreements statute (9 V.S.A. Chapter 137) governs most rentals. A written rental agreement is required for a stated-term tenancy and must state the rent, term, deposit amount, and who holds the deposit. Security deposits are capped at one month's rent for most residential tenancies, must be held in escrow for the tenant with written notice of the bank, and must be returned with an itemized statement of deductions within the statutory period - 14 days is the usual answer, running from termination and return of possession.

Duties

Landlords must deliver and maintain habitable premises under the warranty of habitability, comply with the rental housing health code, install and maintain smoke and carbon monoxide detectors, and follow strict rules for entry and eviction. Self-help evictions, utility shutoffs, and retaliation for a tenant complaint are prohibited; eviction requires court process.

Property management

Managing rental property for another for a fee is brokerage activity requiring a Vermont license unless an exemption applies (for example, an owner managing their own property, or a salaried on-site employee of the owner). Fair housing screening rules apply to tenant selection, application fees, and accommodation requests - including assistance animals, which are not pets. Lead-based paint obligations, including Vermont's Essential Maintenance Practices, reach most pre-1978 rentals.

Traps

Treating a deposit as nonrefundable; charging a fee or pet rent for a service animal; a lease clause waiving the habitability warranty; holding trust deposits in the broker's operating account.

Rule of thumb

Deposit in escrow, itemize in writing, and never enter without proper notice except in an emergency.