q RENTAL HOUSING
Renting an apartment or house is a step to being “on your own.” Being careful about the legalities of renting will save you many hours of turmoil and money. A general rule to remember here is, “When in doubt, write it out.” For more information on any of the topics discussed in this section, contact Vermont Tenants, Inc., at 802-864-0099 for a free copy of their booklet, “Renting in Vermont.” The booklet is also available online at
www.cvoeo.org/htm/Housing/tenants/tenantsHome.html.
Residential Leases
Rental agreements can be either oral or written. Oral agreements are as binding as written agreements, but they are more difficult to prove, and while there is no law stating that a tenant must receive a written lease, it is preferable for both parties to get any agreements in writing.
Tenants should always get copies of leases and all agreements that they sign; in fact, they should insist on two copies being signed by both parties at the same time, one to be kept by the tenant, and one by the landlord. Without his/her own copy of the lease, a tenant might have trouble proving what the tenant and landlord agreed to. All written agreements should be kept in a safe and accessible place to refer to if and when problems arise. Written agreements between roommates regarding financial and other responsibilities can also be helpful in preventing problems.
Leases are transferred from one landlord to another when the building is sold.
The rental agreement determines the specific rights and responsibilities of both tenants and landlords, but cannot take away basic rights granted under state, federal, or local laws. The landlord cannot enforce a lease provision that takes away any rights the tenant has under the law, even if the tenant agrees to the provision by signing the lease. For example, clauses that give the landlord the right to physically put a tenant out on the street or shut off the utilities because of unpaid rent are forbidden by law and are void. However, the other provisions of the lease that are legal would still be valid and enforceable.
You should always read leases carefully and ask about terms you don’t understand, and you should try to get landlords to change or remove lease terms which seem unfair. If either landlords or tenants have questions about the legality of a clause in the lease, they should get legal advice.
On Your Own, 2008 Edition 37
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