Vermont Rental Smoking Policies: Rights & Rules for Renters

If you're moving into a rental in Vermont, knowing the building’s smoking policy is key for your health, comfort, and legal rights. Whether you’re sensitive to smoke, want to avoid secondhand exposure, or just need to know the rules, it’s important to understand what Vermont law requires and what landlords must disclose regarding smoking in rental units.

What Are Smoking Policies in Vermont Rentals?

Vermont landlords have the right to set their own policies regarding smoking, including cigarettes, vaping, and cannabis. However, they must clearly state these policies in the lease or rental agreement. There is currently no statewide law that prohibits smoking in all rental housing, but many landlords choose to implement smoke-free rules to promote health and safety. Local ordinances may be stricter than state law, and federally subsidized housing programs often have required smoke-free policies.

Landlord Disclosure Requirements

Under Vermont's Residential Rental Agreements Act, landlords must provide a written rental agreement. While Vermont law does not specifically require a separate "smoking disclosure form," best practices and some local rules encourage landlords to disclose their smoking policy clearly in writing before you sign the lease.¹

• Check your lease for a clear statement of whether smoking is allowed inside the unit, on balconies, or in common areas.
• If unsure, request written clarification from your landlord and keep a copy for your records.
• For federally assisted housing, smoke-free rules are required under HUD's Smoke-Free Public Housing Rule.

Common Vermont Rental Smoking Policy Types

• Smoke-Free Buildings: Smoking is not allowed anywhere inside the building, sometimes including balconies or patios.
• Designated Smoking Areas: Smoking is permitted only in certain outdoor or specially marked areas.
• Partial Restrictions: Smoking may be allowed inside private units but restricted in hallways and shared spaces.
• No Restrictions: Smoking allowed everywhere—but still subject to fire safety and nuisance laws.

Always confirm your building’s rules before moving in or inviting guests who smoke.

What If a Neighbor Smokes or the Landlord Changes the Policy?

If a neighbor's smoke affects your unit, and the building has a non-smoking policy, document the issue and notify your landlord in writing. If the lease does not mention smoking, there may be limits to what you can require of your neighbor, unless the smoke causes significant disturbance or health problems that could violate the warranty of habitability (the basic right to safe, livable conditions).

• If your landlord wants to introduce a no-smoking rule mid-lease, they usually must wait until lease renewal, unless you agree in writing to the change.
• For complaints, renters may contact the Vermont Attorney General's Consumer Assistance Program or consider mediation.

Important Forms and Where to Find Them

• Sample Lease Agreement (No official form number): Used to confirm all rental policies, including smoking restrictions. Request a copy from your landlord or local housing authority. See Vermont's Sample Lease Agreement (PDF).
• Rental Complaint Form (Consumer Assistance Program): If a landlord fails to honor smoking policies or related terms, you can file a housing complaint using the official Vermont Consumer Assistance Program Complaint Form. Use it if repeated smoke exposure continues despite notifying your landlord in writing.

There is no Vermont-specific “No Smoking Disclosure” government form; these matters are handled in the lease or by written notice.

Relevant Tribunal and Legislation

• Vermont Superior Court – Civil Division handles landlord-tenant disputes. Learn more at the Vermont Judiciary Civil Division page.
• The main state law covering renters and smoking issues is the Vermont Residential Rental Agreements Act (Title 9, Chapter 137).²

FAQ: Vermont Rental Smoking Policy Rights

1. Can a Vermont landlord ban smoking in my apartment?
   Yes. Landlords have the right to make their property smoke-free, as long as it’s clearly stated in the lease and applies equally to all tenants.
2. Do I have to sign a separate smoking policy in Vermont?
   No separate form is required by state law. The smoking policy should appear clearly in your rental agreement.
3. What if I’m exposed to secondhand smoke in a smoke-free building?
   Document the issue, notify your landlord in writing, and if unresolved, use the Consumer Assistance Program’s complaint process or seek mediation through the Civil Division of the Superior Court.
4. How are smoking disputes resolved between tenants?
   Start with written complaints to your landlord. If unresolved, you may use the Consumer Assistance Program or file a claim in the Civil Division Court.
5. Does Vermont require all rentals to be smoke-free?
   No, but smoke-free rules are required in federally subsidized housing and some localities. Always check your lease for specific rules.

Key Takeaways for Vermont Renters

• Vermont law lets landlords decide their own rental smoking policies, but these must be disclosed in your lease.
• There’s no state-mandated smoking disclosure form, but you have the right to clarity and to file complaints if exposed to smoke against policy.
• For smoking-related disputes, start with your landlord, then contact the Consumer Assistance Program or seek help from the state court if needed.

When in doubt, get rental agreements and any changes in writing.

Need Help? Resources for Renters

• Vermont Agency of Commerce and Community Development – Renter Resources
• Vermont Attorney General's Consumer Assistance Program: File housing complaints or seek mediation.
• Vermont Superior Court – Civil Division: Handles serious landlord-tenant disputes.
• Vermont Residential Rental Agreements Act: Full state law text.
• For local rules or public housing specifics, contact your city or county housing authority.

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1. Vermont Residential Rental Agreements Act: see full statute
2. Warranty of Habitability (Section 4457), Vermont Statutes: read text

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