Breaking a Lease Early in Vermont: Penalties and Renter Options

Life changes quickly, and sometimes renters in Vermont need to move before their lease ends. Breaking your lease early can have legal and financial consequences, but Vermont tenant law offers some options and protections. This article explores your rights, potential penalties, and practical steps if you're thinking about ending your lease before the agreed term.

Understanding Lease Agreements and Early Termination in Vermont

When you sign a lease in Vermont, you agree to rent for a set period—often a year. If you want to leave early, you're responsible for following the terms in your lease and state law, including any notice requirements and potential penalties. However, there are situations where you may legally end your lease early without extra cost.

Common Reasons Renters Break Leases Early

• New job in another location
• Change in family situation (e.g., divorce)
• Unlivable rental conditions or health and safety violations
• Landlord fails to make necessary repairs
• Active military duty (covered by federal law)

Penalties and Responsibilities When Ending a Lease Early

If your lease doesn't specifically allow for early termination, you could be held responsible for the rent remaining on your lease term. Vermont law, however, requires landlords to make a reasonable effort to re-rent the unit—this is called the “duty to mitigate damages.” This means you may not have to pay the whole remaining rent if the landlord finds a replacement tenant quickly.

• Pay Remaining Rent: You may be asked to pay rent until the end of the lease or until the unit is re-rented.
• Forfeiture of Security Deposit: If you owe rent or leave damages, the landlord may deduct these from your security deposit, but must provide a detailed statement as required by Vermont law.
• Lease-Break Fees: Some leases include a specific fee for early termination. Check your rental agreement.

Exceptions: When Can You Legally Break a Lease Without Penalty?

• Uninhabitable Unit: If your rental is unsafe or unlivable due to serious repair issues and the landlord does not fix them after being notified, you may have the right to end your lease. See the Vermont Residential Rental Agreements Act, 9 V.S.A. § 4458 for habitable standards.
• Active Military Duty: Federal law (the Servicemembers Civil Relief Act) allows early lease termination for military personnel called to duty.
• Victims of Domestic Violence: Vermont law (9 V.S.A. § 4472) may provide specific protections in these situations.

Always document your reason and give proper notice to your landlord in writing.

Required Notice and How to Provide It

Even if you have a valid reason, you must usually give your landlord written notice—most commonly 30 days, unless your lease states differently.

• Fixed-Term Lease: You may be expected to pay until the end of the lease, but exceptions can apply.
• Month-to-Month Lease: Give written notice at least one full rental period in advance.

Official Forms and Practical Steps

• No specific state-issued "lease break" form exists in Vermont. Most renters provide an early termination notice in writing (by letter or email). There's no official form number.
• If leaving due to uninhabitable conditions, document all issues, communications, and repair requests.
  • Consider sending a Written Repair Request Letter. There's no state-issued template, but guidance appears in the Vermont Residential Rental Agreements Act.
  • Example: "On March 5th, I notified my landlord about a leaking roof. No repairs have been made after two weeks. I am notifying my intent to terminate the lease if conditions are not remedied within 30 days as required by law."
• For security deposit returns, use the Security Deposit Return Request as suggested in the Vermont Attorney General's Landlord-Tenant guide.

How to Contact the Tribunal or Board

Residential tenancy disputes in Vermont are typically handled in the local Vermont Civil Division of the Superior Court. There's no separate landlord-tenant board. For legal information, see the Vermont Residential Rental Agreements Act (9 V.S.A. Chapter 137).

Steps for Renters: Breaking Your Lease Properly

If you need to break your lease, follow these steps to protect yourself from unnecessary penalties:

• Review your lease terms for early termination clauses or fees.
• Document your reason for leaving, especially if related to repairs or safety.
• Provide written notice to your landlord. Keep a copy for your records.
• Follow up with your landlord about finding a new tenant and returning your security deposit.

Frequently Asked Questions

1. Can I break my lease in Vermont if my landlord won't make repairs?
   Yes. If repairs are not made and the rental is uninhabitable, state law may allow you to end the lease without penalty. Always provide written notice and allow the landlord a reasonable period to fix the issues.
2. What happens to my security deposit if I break the lease early?
   The landlord can deduct unpaid rent or damages but must provide an itemized statement. The rest should be returned within 14 days after you move out.
3. Is there a standard form to break a lease in Vermont?
   No official state form exists. Write a clear, dated letter to your landlord stating your intent to end the lease and your move-out date.
4. Can my landlord charge me a fee for breaking the lease?
   Only if such a fee is included in your lease agreement. Otherwise, you're generally responsible for rent until the unit is re-rented or until your lease ends.
5. Which government body oversees residential leases in Vermont?
   Lease disputes go to the Vermont Superior Court, Civil Division. Vermont does not have a separate landlord-tenant tribunal.

Key Takeaways for Vermont Renters

• Check your lease and Vermont law before ending your lease early.
• You may be responsible for rent until the unit is re-rented, but certain exceptions apply.
• Document everything and provide written notice to your landlord to protect your rights.

Need Help? Resources for Renters

• Vermont Attorney General's Office – Consumer Assistance Program: Guidance on landlord-tenant issues.
• Vermont Residential Rental Agreements Act (9 V.S.A. Chapter 137): Full text of Vermont tenancy law.
• Vermont Superior Court, Civil Division: Where most rental disputes are resolved.
• CVOEO Vermont Tenants Program: Renter education, support, and advocacy.

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1. Vermont Residential Rental Agreements Act (9 V.S.A. Chapter 137)
2. Vermont Office of the Attorney General – Landlord/Tenant
3. Vermont Superior Court, Civil Division

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