Rent Escrow & Withholding Rent for Repairs in Vermont

If you're renting a home or apartment in Vermont, you have the right to live in a safe and healthy environment. Sometimes, if repairs aren’t made, Vermont law allows renters to use rent escrow—withholding rent and paying it to the court until repairs are made. Understanding this process can help you resolve maintenance issues while protecting your rights as a tenant.

Understanding Habitability and Your Rights

Vermont law requires landlords to keep rental properties in good repair and to meet the “warranty of habitability.” This means your home must have essentials like heat, hot water, working plumbing, and must be free from serious health and safety hazards. If these are missing or unsafe, you may have options to address the problem, including using rent escrow.

What Is Rent Escrow?

Rent escrow is a legal process where a tenant pays rent to the court instead of the landlord when major repairs are not made after proper notice. This gives landlords an incentive to address repairs quickly and protects you from eviction for non-payment while the issue is being resolved.

When Can Renters Use Rent Escrow in Vermont?

You can ask a court to let you pay your rent into escrow if ALL the following apply:

• You have requested repairs in writing from your landlord and given them reasonable time to fix the problem.
• The repair issue seriously affects health and safety (such as no heat in winter, plumbing problems, or unsafe living conditions).
• The landlord has not made the repairs.

This process is allowed under the Vermont Residential Rental Agreements Act.¹

Steps to Use Rent Escrow in Vermont

Here’s a simplified guide for tenants who need urgent repairs but aren’t getting action from their landlord:

• Send a clear written repair request to your landlord, keeping a copy for your records.
• If repairs aren’t made, you can file a claim with your local Vermont Superior Court - Civil Division, which handles landlord-tenant matters.
• Bring all your documentation: repair requests, photos, and copies of communication.
• The court may set up a rent escrow account, and you continue paying rent—to the court—while repairs are addressed.

Official Forms: What You Need

• Complaint/Request for Rent Escrow (No official statewide form number):
  Most Vermont counties require you to draft a written complaint or request to the court. Use the example at the Vermont Judiciary Landlord-Tenant Self-Representation Handbook (see pages 11–12 for details and sample language).
  When it's used: If your landlord hasn’t made needed repairs, you file this with your local Superior Court Civil Division to request an order to pay rent into escrow instead of directly to your landlord.
• Proof of Service (Form 840):
  Used to show you have provided copies of your court filing to your landlord.
  Download Proof of Service (Form 840)
  When it's used: Typically after filing your rent escrow complaint, to prove to the court that the landlord has been notified.

What Happens After Filing?

The court will notify your landlord and set a hearing. If the court finds the landlord failed to meet the warranty of habitability, it may order repairs, allow you to pay rent into escrow, or even reduce your rent until repairs are made. Always continue paying rent (either to your landlord or into escrow as directed) to avoid possible eviction.

Your Rights Under Vermont Law

The key Vermont law covering tenant rights is the Vermont Residential Rental Agreements Act (9 V.S.A. Chapter 137). It protects you from retaliation and spells out obligations for both tenants and landlords.¹

Important Things to Know

• Never just stop paying rent without a court’s permission—you could risk eviction.
• Document all requests and communications with your landlord.
• Attend all court hearings and bring every piece of evidence you have.

Frequently Asked Questions (FAQ)

1. Can I stop paying rent if my landlord doesn’t make repairs in Vermont?
   You should never simply stop paying rent. Instead, you can ask the court for permission to pay your rent into escrow, which protects you from eviction while repairs are pending.
2. How do I request rent escrow from the court?
   File a written complaint with your local Vermont Superior Court - Civil Division, provide copies to your landlord, and attend the court hearing to present your evidence.
3. What proof should I bring to the court?
   Bring written repair requests, copies of emails or texts, photographs of the issue, and any other evidence showing the repair problem and your notification to the landlord.
4. What if I withhold rent without following these steps?
   You could face legal action or eviction for non-payment of rent. Always use the official rent escrow process for protection.
5. Where can I find help or get sample forms?
   You can consult the Vermont Judiciary’s landlord-tenant resources and the Self-Representation Handbook for examples and steps.

Need Help? Resources for Renters

• Vermont Judiciary Landlord-Tenant Self-Help — guides, overviews, and forms.
• Find Your Local Vermont Superior Court - Civil Division — to start the rent escrow process.
• Vermont Legal Aid: Housing Help — free legal support for low-income renters.
• Vermont Residential Rental Agreements Act — full state legislation on tenant rights.

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1. Vermont Residential Rental Agreements Act (9 V.S.A. Chapter 137)
2. Vermont Judiciary Landlord-Tenant Self-Help
3. Self-Representation Handbook: Landlord-Tenant Proceedings

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