Breaking a lease in Vermont

A tenant who abandons the unit stays liable for rent until the rental agreement expires, but if you rent the unit to someone else first, the agreement ends on the date the new tenancy begins. The specific rights below let a tenant leave early without that liability (9 V.S.A. § 4462(b)).

• A protected tenant (a victim of abuse, sexual assault or stalking, or a parent, foster parent, legal guardian or caretaker with at least partial physical custody of one) may end the agreement without penalty or liability on a reasonable belief that leaving is necessary because of fear of imminent harm, or after a sexual assault on the premises within the previous six months. The tenant must give written notice and supporting documentation at least 30 days before the termination date (9 V.S.A. § 4471; 9 V.S.A. § 4472(a), (b)).
• The documentation may come from a court, law enforcement or other government agency, an abuse, sexual assault or stalking assistance program, a legal, clerical, medical or other professional who helped the tenant, or a self-certification signed under penalty of perjury on a standard government or nonprofit form. Unless you have already signed a lease with a new tenant, the notice is cancelled if the tenant revokes it in writing or has not moved out by the termination date (9 V.S.A. § 4472(b)(2), (c)).
• A tenant may also end the agreement on reasonable notice when a habitability problem that materially affects health and safety goes unrepaired after notice (9 V.S.A. § 4458(a)(4)).See Tenant repair remedies on the Vermont page
• Under federal law, a servicemember may end a residential lease after entering military service or receiving orders for a permanent change of station or a deployment of at least 90 days, by written notice with a copy of the orders. With monthly rent, the termination takes effect 30 days after the next rent due date following the notice (50 U.S.C. § 3955).

If you fail to make repairs within a reasonable time after actual notice of a habitability problem from the tenant, a government agency or a qualified independent inspector, and the problem materially affects health and safety, the tenant may withhold rent for the period of the problem, get a court order, recover damages, costs and reasonable attorney's fees, and end the rental agreement on reasonable notice (9 V.S.A. § 4458(a)).

• If you do not repair a minor defect within 30 days of notice, the tenant may fix it and deduct the actual and reasonable cost from rent, up to half of one month's rent, giving you actual notice of the cost when deducting it (9 V.S.A. § 4459(a)).
• Neither remedy is available when the problem was caused by a negligent or deliberate act or omission of the tenant or someone on the premises with the tenant's consent (9 V.S.A. § 4458(b); 9 V.S.A. § 4459(b)).
• Once you file an eviction case, you may ask the court to order the tenant to pay rent into court while the case is pending (12 V.S.A. § 4853a(a)).See Eviction process on the Vermont page

Under a written rental agreement, you may condition or prohibit subleasing and may require the tenant to give you written notice of the name and contact information of any sublessee living in the unit. Without a written rental agreement, the tenant must give you that written notice (9 V.S.A. § 4456b(a)(1), (b)).

• If a written rental agreement prohibits subleasing, you or the tenant may bring an ejectment action against a person occupying the unit without right or permission (9 V.S.A. § 4456b(a)(2)).
• Vermont treats a sublease as a rental agreement between two tenants, and the tenant who sublets counts as the sublessee's landlord (9 V.S.A. § 4451(4), (9)).

Where there is no written rental agreement and rent is paid monthly, you may end the tenancy without cause by actual notice of at least 60 days, or at least 90 days once the tenant has lived there continuously for more than two years. With weekly rent the notice is at least 21 days. Under a written agreement, a no-cause notice must come at least 30 days before the end of the stated term, or 60 days once the tenancy has lasted more than two years, and at least 7 days under a written week-to-week agreement (9 V.S.A. § 4467(c), (e)).

• A tenant may end a tenancy by actual notice at least one rental period before the termination date, unless a written rental agreement or other law says otherwise (9 V.S.A. § 4456(d)).
• Where there is no written agreement and you have contracted to sell the building, 30 days' actual notice is enough (9 V.S.A. § 4467(d)).
• If you rent a room in your own home with shared living room, kitchen or bathroom, either side may end the arrangement on at least 15 days' actual notice with monthly rent, or 7 days with weekly rent (9 V.S.A. § 4467(h)).
• Every notice must state the termination date (9 V.S.A. § 4467(f)).

Return the deposit, with a written statement itemizing any deductions, within 14 days from the date you discover that the tenant vacated or abandoned the unit, or from the date the tenant vacated if the tenant gave you notice of that date. For a seasonal rental that is not meant as a primary residence, the deadline is 60 days (9 V.S.A. § 4461(c)).

• You may keep all or part of the deposit only for unpaid rent; damage to your property beyond normal wear and tear, unless caused by events beyond the tenant's control; unpaid utility or other charges the tenant had to pay you or a utility directly; and the cost of removing things the tenant abandoned (9 V.S.A. § 4461(b); 9 V.S.A. § 4451(5)).
• Hand-deliver or mail the statement and any refund to the tenant's last known address (9 V.S.A. § 4461(d)).
• If you miss the 14 days, you lose the right to keep any part of the deposit. If the failure is willful, you owe double the amount wrongfully withheld, plus reasonable attorney's fees and costs (9 V.S.A. § 4461(e)).
• When your interest in the unit ends, the deposit transfers to the new landlord, who must give the tenant actual notice of the new landlord's name and address and a statement that the deposit was transferred (9 V.S.A. § 4461(f)).