What to Do If Your Vermont Landlord Breaks the Lease

If you're a renter in Vermont and find your landlord has violated the lease agreement, it's important to know your rights and the specific actions you can take. Vermont law offers protections for tenants facing issues such as unlawful entry, wrongful eviction, or a landlord failing to fulfill maintenance obligations. Understanding the process will help you resolve the situation while protecting your housing and legal rights.

Understanding Lease Violations in Vermont

When a landlord "breaks" the lease, it generally means they have not lived up to the terms of the rental agreement or have acted outside Vermont's landlord-tenant laws. Common examples include:

• Entering your home without proper notice
• Failing to make required repairs or maintain the property
• Unlawful attempts to evict you ("self-help eviction")
• Raising rent or changing terms before lease end, without legal grounds

These are covered under the Vermont Residential Rental Agreements Act.

Steps to Take If Your Landlord Breaks the Lease

Taking prompt and documented action helps protect yourself. Here's how you should proceed in Vermont:

1. Review Your Lease and Vermont Laws

• Read your lease to confirm the landlord's obligations.
• Check the Vermont Residential Rental Agreements Act to understand your rights as a tenant.

2. Document the Issue

• Keep written records, take photos, and save all communications with your landlord (texts, emails, letters).
• Having proof is essential if you need to involve state agencies or the courts.

3. Communicate in Writing

• Send a formal written notice to your landlord describing the violation and requesting a solution.
• Keep a copy for your records.

Official Form: Notice to Landlord

• When to use: If your landlord isn't making repairs or is otherwise breaking the lease, you may notify them in writing. Vermont law doesn't require a special government-issued form, but your letter should state the issue, expected resolution, and a reasonable deadline (e.g., 30 days for repairs).
• Example: "I am requesting repairs to the heating system within 14 days, as required by Vermont law (see 9 V.S.A. § 4457)."

See maintenance obligations under Vermont law for more information.

4. Contact State Agencies or Seek Mediation

• If the landlord does not respond or continues violating the lease, contact the Vermont Attorney General’s Consumer Assistance Program to file a complaint.
• Consider free mediation through local resources or nonprofits before legal proceedings.

5. File a Court Action If Needed

• If the issue isn’t resolved, Vermont renters may file a claim in Vermont Superior Court – Small Claims Division or Civil Division, depending on the situation.
• Form Used: Small Claims Complaint (Form 400-00112)
• How it’s used: Fill out and submit this form if you’re seeking damages or an order for your landlord to meet lease terms (for example, to recover repair costs or get a rent reduction).

Vermont courts will review your evidence and the landlord’s response. Court staff can answer general questions but not provide legal advice. Tenants are encouraged to seek legal guidance if unsure of the process.

Vermont Tribunal Handling Tenancy Matters

There is no distinct landlord-tenant tribunal in Vermont. Rental disputes, including lease violations, are handled by the Vermont Judiciary – Superior Court system. For most disputes under $5,000, use Small Claims Court.

FAQ

1. What should I do if my landlord refuses to make repairs?
   If your landlord does not fix problems affecting habitability, provide written notice outlining the issue and a deadline. If unresolved, you may file a complaint with the Vermont Attorney General’s Consumer Assistance Program or sue in small claims court.
   
2. Can I withhold rent if my landlord breaks the lease in Vermont?
   Withholding rent is only allowed in strict circumstances. Always follow the procedures in Vermont law: first, give written notice, and keep paying rent unless a court orders otherwise.
   
3. Is it legal for my landlord to enter my rental unit without notice?
   No. Vermont law (9 V.S.A. § 4460) requires landlords to give at least 48 hours' notice except in emergencies. Report unlawful entry to the Attorney General if needed.
   
4. How do I file a complaint against my landlord?
   Complete the online form at the Consumer Assistance Program website. Provide documentation and details of your case.
   
5. Who can help me with a landlord-tenant dispute in Vermont?
   Contact Vermont Legal Aid or the Consumer Assistance Program. Both offer free assistance for renters.

Need Help? Resources for Renters

• Vermont Judiciary – Superior Court
• Vermont Attorney General’s Consumer Assistance Program
• Vermont Legal Aid – Housing Help
• Vermont Residential Rental Agreements Act (Statute)
• Small Claims Court Information & Forms

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1. Vermont Residential Rental Agreements Act—https://legislature.vermont.gov/statutes/chapter/09/137
2. Small Claims Complaint Form—https://www.vermontjudiciary.org/sites/default/files/documents/400-00112.pdf
3. Vermont Attorney General’s Consumer Assistance Program—https://ago.vermont.gov/cap/consumer-complaint/
4. Vermont Superior Court—https://www.vermontjudiciary.org/
5. Vermont Legal Aid—https://vtlawhelp.org/housing

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