Refusing Move-In After Inspection: Vermont Renters’ Rights

Moving into a new rental in Vermont means making sure your new home is safe, habitable, and meets all state and local housing codes. As a renter, you have important inspection rights before you accept the keys. But what if you discover a problem during inspection—can you legally refuse to move in?

Your Rights During a Vermont Move-In Inspection

Before moving in, Vermont law requires rental properties to meet basic habitability standards. These cover plumbing, heating, safe structures, hot water, weatherproofing, and more. Landlords must address serious defects that threaten health or safety.

• Landlords must provide a move-in inspection opportunity before your lease begins.
• The inspection lets you note any damage or problems that exist before you move in.
• Landlords must disclose any known lead hazards and provide an EPA-approved pamphlet if the property was built before 1978.
• If the rental is not habitable or major promises in the lease are not fulfilled, you may have the right to refuse move-in.

When Can You Legally Refuse to Move In After Inspection?

You may refuse to move in if you discover serious problems that violate Vermont's habitability laws or pose risks to your health and safety. Examples include:

• No heat or unsafe electrical wiring
• Mold, pest infestations, or untreated water damage
• Missing smoke or carbon monoxide detectors
• Lead paint hazards not disclosed for pre-1978 homes

According to the Vermont Residential Rental Agreements Act, if these issues exist and you notify the landlord before moving in, you may refuse keys or delay your move-in until repairs are made^[1].

What Should Renters Do If They Notice Problems?

Document every issue with photos and detailed notes during your inspection. Notify the landlord—preferably in writing—of serious problems affecting habitability. Keep copies of all communication. If the landlord refuses to make urgent repairs, you may be able to cancel your lease without penalty or negotiate a delayed start date.

Required Inspection and Disclosure Forms

Vermont does not require a statewide standard move-in checklist, but many landlords use their own. However, if your rental was built before 1978, the following disclosure is required by law:

• Lead-Based Paint Disclosure Form (Form not numbered)
  • When to use: Required for all leases in homes built before 1978.
  • How it's used: The landlord gives you this form and a copy of the EPA’s Protect Your Family from Lead in Your Home booklet. Review, sign, and retain a copy. This protects you if hazards are later discovered.
  • Lead-based Paint Disclosure Information (EPA)

Which Agency Handles Rental Disputes in Vermont?

In Vermont, rental disputes are typically handled by Vermont State Courts, particularly the Civil Division of the Vermont Superior Court. You can file a small claims case if disagreements arise over move-in conditions or habitability.

For building code or health issues, contact your local town or city health officer. Learn more about Vermont's Rental Housing Health Code here.

What Vermont Laws Protect You?

The main law is the Vermont Residential Rental Agreements Act (9 V.S.A. Chapter 137). This law covers:

• Landlord duties to keep rentals habitable
• Required disclosures
• Tenant remedies for uninhabitable conditions

Landlords who fail to meet these standards may face civil actions or cannot enforce lease terms that require the tenant to take possession.

Summary: Steps for Vermont Renters Facing Move-In Problems

If you find major health or safety hazards during inspection:

• Document everything thoroughly (notes, photos, videos)
• Notify your landlord in writing
• Request defects be fixed before moving in
• Seek help from the local health officer if urgent repairs are refused
• If needed, consider mediation or Small Claims Court

Frequently Asked Questions: Vermont Move-In Inspections and Refusal

1. Can I get my deposit back if I refuse to move in due to failed inspection?
   Yes, if you have not moved in and the rental is uninhabitable or the landlord failed to fix major issues, you may be entitled to a refund of your deposit. Keep documentation and written evidence^[1].
2. Is there an official checklist for Vermont move-in inspections?
   No official statewide checklist, but you and your landlord may use a written move-in condition list. For lead disclosure, a specific form is required for rentals built before 1978^[2].
3. Who should I contact for urgent rental health or safety violations?
   Your local town or city health officer is the first step for urgent violations. Serious unresolved issues may go to Vermont Superior Court.
4. Can the landlord keep my first month’s rent if I refuse to move in?
   Generally, if the landlord materially breaches the lease or provides an uninhabitable property, you may be able to recover prepaid rent, especially with prompt written notice^[1].

Key Takeaways for Vermont Renters

• You can refuse to move in if the unit fails basic habitability standards.
• Always document problems and communicate in writing with your landlord.
• Use official disclosure forms and consult local officials for assistance.

Need Help? Resources for Renters

• Vermont Judiciary: Civil Division – Handles rental disputes and small claims
• Vermont Department of Health: Rental Housing Code – For health/safety code violations
• Vermont Legal Aid: Renters’ Rights – Free legal information and support for renters
• Local Town or City Health Officer – Contact office listed on your town’s website for urgent issues

---

1. Vermont Residential Rental Agreements Act (9 V.S.A. Chapter 137)
2. Lead-Based Paint Disclosure Rules (EPA)

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations