How to Transfer a Lease to a New Tenant in Vermont

If you’re moving before your lease ends or need someone else to take over your apartment in Vermont, you may consider transferring your lease. This process—often called a “lease assignment” or “subletting”—is governed by state law as well as the specific terms of your rental agreement. Here’s what Vermont renters need to know to navigate lease transfers safely and smoothly.

Understanding Lease Transfers in Vermont

In Vermont, tenants sometimes want to leave before their lease term is up. When that happens, you have two main options:

• Subletting: You, as the original tenant, temporarily rent the unit (or part of it) to another person, but remain responsible to the landlord for rent and damages.
• Assignment: You transfer your entire interest in the lease over to a new tenant. The new tenant becomes responsible for all terms, usually with the landlord’s written consent.

Note: Not all leases in Vermont allow assignment or subletting. Always check your lease for specific clauses or restrictions and get approval in writing before proceeding.

Vermont Requirements for Lease Assignments

Vermont law does not entitle tenants to assign or sublet by default. Legally, your lease must permit assignments, or your landlord must give express permission. According to Vermont’s Residential Rental Agreements Act, without this, transferring your lease could be considered a violation, risking eviction or loss of your security deposit.^[1]

When Might You Need to Transfer a Lease?

• Moving unexpectedly for a job, family, or school
• Traveling long-term, but not wanting to break your lease
• Roommate changes in multi-tenant units

Always notify your landlord in writing of your need to transfer, and keep copies of all correspondence.

Key Steps to Transfer or Assign Your Lease

• Review your written lease carefully for subletting or assignment rules.
• Request written permission from your landlord if your lease is silent or prohibits assignment.
• If approved, screen potential new tenants thoroughly, as you may remain liable for rent or damages in some cases.
• Complete any required assignment or subletting forms provided by your landlord.
• Both you and the new tenant should sign a written agreement outlining responsibilities and contact details.
• Make sure all parties—landlord, old tenant, new tenant—have signed copies of the agreement.

Are There Official Forms Required?

Vermont does not have a state-issued standardized “Lease Assignment” or “Sublet Agreement” form. Landlords may provide their own, or you may have to draft one. Make sure your agreement covers:

• Lease address and dates
• Names of all involved parties
• Effective date of assignment or sublet
• All parties’ signatures

If a dispute arises, official resources such as the Vermont Attorney General’s Consumer Assistance Program can offer guidance.

Which Tribunal Handles Disputes?

The court that typically handles landlord-tenant disputes in Vermont is the Vermont Superior Court, Civil Division. They can rule on lease enforcement, eviction, and related disagreements.^[2]

Rights and Protections for Vermont Renters

All renters in Vermont are protected under the Residential Rental Agreements Act. Key points include:

• Your landlord cannot unreasonably refuse permission for a lease transfer if your lease allows assignment or subletting.
• Landlords may run background or credit checks on the replacement tenant.
• You could remain responsible for unpaid rent or damages unless the landlord releases you in writing.

If your landlord refuses without good reason, document everything and seek legal guidance. The Attorney General’s office may help resolve disputes.

Practical Example

Jessica’s lease in Burlington allows assignment with landlord approval. She’s moving for work and finds another renter. She emails her landlord a request, screens the new tenant, provides paperwork, and ensures all three parties sign the assignment agreement. This way, Jessica minimizes risk and follows Vermont law.

FAQ: Vermont Lease Transfer Basics

1. Can my landlord refuse my lease transfer request?
   Yes, if the lease prohibits assignments or subletting, or if the replacement tenant does not meet reasonable qualifications. However, if your lease allows it, refusal must be for reasonable grounds only.
2. Am I responsible for the lease after it’s assigned?
   If your landlord formally accepts the assignment and releases you in writing, responsibility is transferred. If you sublet or the landlord does not release you, you may remain liable for rent or damages.
3. What if my landlord won’t respond to my request?
   Document all requests in writing. If you have no response after reasonable time, contact the Vermont Consumer Assistance Program or consider filing in Vermont Superior Court, Civil Division.
4. Does Vermont require an official government form to transfer a lease?
   No. Most agreements are made using a written contract provided by the landlord or drafted by the parties. Use official templates if available, and make sure all details and signatures are included.
5. Who do I contact for help if there’s a dispute?
   You can contact the Vermont Attorney General’s Consumer Assistance Program or file a claim with the Vermont Superior Court, Civil Division.

Need Help? Resources for Renters

• Vermont Attorney General’s Landlord/Tenant Resources
• Vermont Residential Rental Agreements Act (statute text)
• Vermont Superior Court, Civil Division
• Vermont Department for Children and Families – Housing Assistance
• Vermont Fair Housing Project (advocacy, education)

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1. Vermont Residential Rental Agreements Act, 9 V.S.A. Chapter 137
2. Vermont Superior Court, Civil Division

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