Published 2026-09-25 · 10 min read

Vermont Landlord-Tenant Law 2026: The Plain-English Guide

Vermont runs its rentals under 9 V.S.A. Chapter 137 (§§ 4451–4469), with evictions handled as ejectment actions under 12 V.S.A. Chapter 169 in the Civil Division of Superior Court. The headlines: no statutory cap on security deposits, a tight 14-day deposit return, a 60-day notice requirement for rent increases, and a tiered termination system running from 14 days for nonpayment to 90 days for no-cause termination of long tenancies with no written agreement. This is a tenant-protection-forward state: budget time, not just money, into every compliance step.

One 2026 point to get right immediately: H.772 is not law, and it did not survive the 2026 session. H.772, "An act relating to residential rental agreements, eviction procedures, and the creation of the positive rental payment credit reporting pilot program," passed the House in March 2026 in a form that would have capped deposits at two months' rent, allowed a separate pet deposit, and limited rent increases to once in any 12-month period. The Senate amended it and then on May 27, 2026 refused third reading on a roll call — Yeas 15, Nays 16 — according to the Legislature's official bill-status page. None of its provisions is in the current Vermont Statutes Online, which now includes the actions of the 2026 session. What follows is what is actually on the books, checked section by section against legislature.vermont.gov. Where an earlier version of this guide stated a rule differently, this version corrects it and says so.

Vermont landlords: Vermont's 60-day rent-increase notice is the longest in the country — see how your state's rules stack up against all 50 in the 50-State Landlord Law Dataset (CSV + JSON) ($29).

Vermont landlord-tenant law at a glance

Who Chapter 137 covers — and who it does not

Section 4453 provides that landlord and tenant obligations under the chapter are implied in all rental agreements. Section 4451 defines the vocabulary: a "dwelling unit" is a building or part of one used as a home, residence, or sleeping place by persons who maintain a household; a "rental agreement" is all agreements, written or oral, on use and occupancy; "rent" is all consideration under the agreement, not including security deposits; and "normal wear and tear" is deterioration from reasonable use, without negligence, carelessness, accident, or abuse by the tenant, household members, invitees, or guests (§ 4451(3), (5), (7), (8)). Section 4452 lists exclusions — institutional, contract-of-sale, organizational, transient lodging and campground, condominium/cooperative-owner, manufactured-home-lot, assistance-funded lodging, and non-tenant occupancy, in the terms stated in § 4452(a) — plus a detailed regime for certified recovery residences in § 4452(b). A conventional residential tenancy is covered, and § 4452 opens with an anti-avoidance qualification: do not structure an arrangement to dodge the chapter.

One definition does daily work. "Actual notice" is receipt of written notice hand-delivered or mailed to the last known address, with a rebuttable presumption of receipt three days after mailing if the sender proves it was sent by first-class or certified U.S. mail (§ 4451(1)). Almost every clock in this guide is an actual-notice clock, so proof of mailing or hand delivery is the start date a court will test.

Is there a cap on Vermont security deposits, and how fast must they be returned? (§ 4461)

Vermont's deposit rules are in § 4461. The framework is permissive on amounts and unforgiving on the return.

• No statutory cap in current law. Nothing in the current text of § 4461 sets a maximum. The two-month cap was in H.772 as passed by the House; H.772 failed in the Senate on May 27, 2026, and no cap appears in § 4461 as published including the 2026 session. One to two months' rent is common market practice, not a ceiling — and a larger deposit is a larger exposure if you mishandle the return.

Use our Security Deposit Deadline Finder and deductions guide.

Screening without an application fee — the § 4456a identification rule

As amended by 2025, No. 69, § 10, effective July 1, 2025, § 4456a(b) provides that to conduct a background or credit check, a landlord shall accept any of: an original or copy of any unexpired government-issued identification; an Individual Taxpayer Identification Number; or a Social Security number — and shall not require an SSN for completion of an application or refuse to accept an application for lack of one (§ 4456a(b)(2)). An SSN presented as mandatory on your form is a statutory problem before you reach fair-housing analysis.

Section 4456a does more than ban the fee. As amended by 2025, No. 69, § 10, effective July 1, 2025, § 4456a(b) provides that to conduct a background or credit check, a landlord shall accept any of: an original or copy of any unexpired government-issued identification; an Individual Taxpayer Identification Number; or a Social Security number. A landlord or agent shall not require a Social Security number for completion of a residential rental application or refuse to accept an application due to the lack of a Social Security number (§ 4456a(b)(2)). An application form presenting an SSN as mandatory, or a workflow that auto-rejects an applicant offering an ITIN or government identification, is a statutory problem before you reach fair-housing analysis.

The 14-day return — clock, statement, and delivery

Section 4461(c) requires the landlord to return the security deposit along with a written statement itemizing any deductions to a tenant within 14 days from the date on which the landlord discovers that the tenant vacated or abandoned the dwelling unit or the date the tenant vacated the dwelling unit, provided the landlord received notice from the tenant of that date. In the case of seasonal occupancy and rental of a dwelling unit not intended as a primary residence, the security deposit and written statement shall be returned within 60 days (§ 4461(c)).

Read the trigger carefully. If the tenant gave notice of the vacating date, that date is in play; if the tenant left without telling you, the date you discover the unit vacated or abandoned is in play. Document both: save the tenant's notice, and if you discover an empty unit, make a dated record the same day — who entered lawfully, what was observed, photographs, and meter readings.

Delivery is prescribed too: hand-deliver or mail the statement and any payment required to the last known address of the tenant (§ 4461(d)). "I texted a breakdown" is not the statutory method. Hand-deliver and get a receipt, or mail and keep proof, within the 14 days.

Deposit worked example. A tenant gives notice, then vacates on Monday, November 2, 2026. The deposit and itemized statement are due within 14 days, by Monday, November 16, 2026, hand-delivered or mailed to the last known address (§ 4461(c)–(d)). If instead the tenant leaves without notice and you first discover the unit empty on November 2, document that discovery date the same day — it is the trigger for that branch. If the unit is a seasonal rental not intended as a primary residence, the period is 60 days, not 14. The file should record which branch you are on and why.

What you may deduct — the four § 4461(b) categories, and only those

The landlord may retain all or a portion of the security deposit for exactly the categories § 4461(b) lists:

1. nonpayment of rent;

2. damage to property of the landlord, unless the damage is the result of normal wear and tear or the result of actions or events beyond the control of the tenant;

3. nonpayment of utility or other charges that the tenant was required to pay directly to the landlord or to a utility; and

4. expenses required to remove from the rental unit articles abandoned by the tenant (§ 4461(b)(1)–(4)).

Two limits matter. Damage is not deductible if it is normal wear and tear — deterioration from reasonable use, as § 4451(5) defines it — or if it resulted from actions or events beyond the tenant's control. And the list contains no free-standing "cleaning," "reletting," or "lease-break fee" category: a deduction must fit a § 4461(b) category and appear in the itemized statement. Keep move-in and move-out condition records and photographs for every unit; see move-in/move-out inspection checklist. Chapter 137 imposes no statutory move-in inventory procedure, so your documentation is a practical necessity for proving a § 4461(b)(2) deduction, not a separate formality.

The penalty — forfeiture first, then double the amount wrongfully withheld

This section corrects the earlier version of this guide, which described the willful penalty as "twice the deposit." The statute says something narrower in one respect and harsher in another. Section 4461(e) provides:

• If a landlord fails to return the security deposit with a statement within 14 days, the landlord forfeits the right to withhold any portion of the security deposit.
• If the failure is willful, the landlord shall be liable for double the amount wrongfully withheld, plus reasonable attorney's fees and costs (§ 4461(e)).

Work the numbers. Suppose the deposit is $3,000 and you had $800 of genuine, documented § 4461(b) damage. Blow the 14-day deadline and forfeiture takes the $800 — you owe the full $3,000 — even without willfulness. If the failure is willful, the added liability is double the amount wrongfully withheld — on $800 withheld, $1,600 — plus reasonable attorney's fees and costs, not an automatic doubling of the entire deposit. Do not quote "double the deposit"; quote § 4461(e).

A related transfer rule catches buyers and sellers. Upon termination of the landlord's interest, the deposit shall be transferred to the new landlord, who shall give the tenant actual notice of the new landlord's name and address with a statement that the deposit has been transferred (§ 4461(f)). Buyers: get the deposits and records at closing and send that notice. Sellers: transfer the money — the obligation follows the deposit.

How much notice must a Vermont landlord give for a rent increase?

• Rent is due without demand. Rent is payable without demand or notice at the time and place agreed upon by the parties (§ 4455(a)). Put the due date, the amount, and the place or method of payment in the rental agreement expressly; § 4455(a) supplies no default due date for you to fall back on.
• No amount cap and no statewide rent control in Chapter 137. Chapter 137 sets a notice rule for increases, below, but it does not cap the size of an increase and it does not enact statewide rent control. This guide does not assert a verified rule about whether a particular Vermont municipality may or has adopted a local rent regulation — that is a local-ordinance question to check for your town, in the same way § 4461(g) expressly contemplates local deposit ordinances. Do not assume a local rule does or does not exist from the state chapter alone.
• Rent-increase notice: 60 days' actual notice, with an effective-date rule. An increase in rent shall take effect on the first day of the rental period following no less than 60 days' actual notice to the tenant (§ 4455(b)). The earlier version of this guide stated the 60 days correctly; the fuller text adds the effective date. It is not simply "60 days later." If the 60th day falls in the middle of a rental period, the increase takes effect on the first day of the following rental period. Worked example: rent is payable monthly on the first. You give actual notice on March 10. Sixty days after March 10 is May 9, which is inside the May rental period, so on the § 4455(b) formula the increase takes effect June 1 — the first day of the rental period following no less than 60 days' notice. Calendar increases from the notice date plus the period boundary, serve by a method that proves actual notice under § 4451(1), and keep the proof. See how to raise rent legally.
• No frequency limit in current law. Current § 4455 contains subsection (a) on payment and subsection (b) on the 60-day notice, and no "once in 12 months" subsection. That frequency limit appeared in H.772's Senate Judiciary draft — "a landlord shall not increase rent more than once in any 12-month period," with a purchase exception — but H.772 failed, so the limit is not law. Do not hold yourself to it as a legal requirement, and do not tell a tenant it protects them; track it only as a provision that may return in a future session.
• No mandatory grace period in § 4455. Section 4455 sets the payment rule and the increase rule and states no grace period. If you want a grace period, write it into the rental agreement; if your agreement states none, do not invent one in a dispute.

Late fees — what Highgate actually decided

Vermont has no late-fee statute in Chapter 137. The governing authority is Highgate Associates, Ltd. v. Merryfield, 157 Vt. 313, 597 A.2d 1280 (1991). The earlier guide summarized it as holding that penalty late fees are unenforceable and a fee is allowed only as actual compensation. That captures the outcome on those facts but oversimplifies the test, so here is the fuller picture from the opinion.

The landlord in Highgate owned a federally subsidized project in Barre. Its lease charged $5.00 on the sixth day if rent was not paid in full by the end of the fifth day, plus $1.00 per additional day that month — up to $30 per month — described as liquidated damages for administration costs. The tenant accrued $397. The trial court denied recovery on the late charges, and the Vermont Supreme Court affirmed, holding the provision void as an unenforceable penalty on the facts found.

The test is reasonableness under the totality of the circumstances, assessed on three factors: (1) because of the nature or subject matter of the agreement, damages from a breach would be difficult to calculate accurately; (2) the sum fixed must reflect a reasonable estimate of likely damages; and (3) the provision must be intended solely to compensate the non-breaching party, not as a penalty or an incentive to perform.

On the facts, the clause failed. The trial court found the landlord's total cost of responding to a late-paying tenant, including labor and administrative costs, was approximately $10 per month, independent of rent outstanding, with no evidence it had ever exceeded $10; even adding interest, the Court put the figure at about $12 — against a charge of up to $30 per month, with findings that the amount had no relation to likely damages. On intent, testimony described the charge both as offsetting costs and as an incentive to pay on time, and as a "penalty." The Court also rejected the argument that inclusion in a HUD model lease made the provision valid under Vermont contract law.

The practical rule is narrower than "never charge a late fee" and stricter than "charge what the market charges." A late-fee clause is a liquidated-damages clause, tested on evidence: were damages genuinely difficult to calculate in advance, was the amount a reasonable forecast when the agreement was made, and was it intended solely to compensate? A modest fee tied, with records, to a reasonable advance estimate of staff time, notices, accounting, and the cost of delayed funds stands on different ground from a large per-day pressure charge. Keep the estimate and records from the day the lease is signed. And do not import another state's statutory cap: there is none in Chapter 137. See how to handle late rent.

How much notice must a Vermont landlord give before entering? (§ 4460)

Section 4460, "Access," is short and complete. Learn all three subsections:

• Entry with consent. A landlord may enter with the tenant's consent, which shall not be unreasonably withheld (§ 4460(a)). Ask, and record the agreement — consent obtained is different from consent assumed.
• Entry without consent, on conditions. A landlord may also enter for four purposes between 9:00 A.M. and 9:00 P.M. on no less than 48 hours' notice: (1) when necessary to inspect; (2) to make necessary or agreed repairs, alterations, or improvements; (3) to supply agreed services; or (4) to exhibit the unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors (§ 4460(b)). The 48 hours, the window, and the listed purpose are cumulative: a showing at 8:30 P.M. on proper notice fails the window; an inspection at noon on 12 hours' notice fails the notice condition.
• Entry without consent or notice: imminent danger only. A landlord may only enter without consent or notice on a reasonable belief of imminent danger to any person or to property (§ 4460(c)) — fire, a gas leak, a burst pipe. Suspicion of a lease violation is not § 4460(c) danger; § 4460(b) is the route for an inspection.

Log every entry: date and method of notice, the § 4460(b) purpose or § 4460(c) danger relied on, time in and out, and who entered. That log separates a lawful repair entry from a pattern in a quiet-enjoyment fight.

What does Vermont's warranty of habitability require of landlords?

The landlord's warranty — § 4457

In any residential rental agreement, the landlord shall be deemed to covenant and warrant to deliver over and maintain, throughout the period of the tenancy, premises that are safe, clean, and fit for human habitation and that comply with the requirements of applicable building, housing, and health regulations (§ 4457(a)). No rental agreement shall contain any provision by which the tenant waives the protections of the implied warranty of habitability; any such waiver is contrary to public policy and unenforceable and void (§ 4457(b)). You cannot draft around this duty, and a lease clause purporting to shift it to the tenant does not become effective by being signed.

Section 4457(c) makes heat and water concrete: heating facilities capable of safely providing a reasonable amount of heat, a reasonable amount of heat supplied at all times by a landlord who provides heat under the agreement, and an adequate amount of water through hot and cold lines connected to water-heating facilities capable of heating sufficient water — with an exception for a unit intended and rented for summer occupancy or as a hunting camp (§ 4457(c)). In a Vermont winter, a no-heat report goes to the core of that duty and to the tenant's strongest remedies.

Tenants have duties too: not to create or contribute to code noncompliance, not to disturb other tenants' peaceful enjoyment, and not to deliberately or negligently destroy, deface, damage, or remove any part of the premises or its fixtures, mechanical systems, or furnishings, or permit another to do so (§ 4456(a)–(c)). A § 4456 violation entitles the landlord to damages, costs, and reasonable attorney's fees and is grounds for termination under § 4467(b) (§ 4456(e)). Tenant-caused facts also bar the § 4458 and § 4459 remedies, below.

Major noncompliance — the § 4458 remedies, element by element

Section 4458 is Vermont's rent-withholding and habitability-remedies section, and its elements are the whole analysis. The tenant may use the remedies only when each is present:

1. the landlord fails to comply with the landlord's obligations for habitability;

2. after receiving actual notice of the noncompliance from the tenant, a governmental entity, or a qualified independent inspector, the landlord fails to make repairs within a reasonable time; and

3. the noncompliance materially affects health and safety (§ 4458(a)).

When those elements are met, the tenant may: (1) withhold rent for the period of the noncompliance; (2) obtain injunctive relief; (3) recover damages, costs, and reasonable attorney's fees; and (4) terminate on reasonable notice (§ 4458(a)(1)–(4)). Withholding is measured by the period of the noncompliance — it is not rent-free living after repair, and it does not arise before notice and a reasonable repair time have run. Section 4458 states no fixed number of days for a "reasonable time": urgency, risk, weather, parts and contractor availability, and your documented diligence all bear on it, which is why a date-stamped record — report received, tenant contacted, contractor dispatched, interim measures offered — is a legal asset. The remedies are unavailable if the tenant or a person on the premises with the tenant's consent caused the noncompliance (§ 4458(b)).

Habitability worked example. On Monday, November 2, 2026, a tenant gives actual notice that the furnace has failed and the unit has no heat — a report engaging § 4457(c) directly. You dispatch a heating contractor the same day, document the diagnosis and a part order, and provide a safe interim measure. Those dated steps are evidence that you did not "fail to make repairs within a reasonable time" under § 4458(a). Leave the same report unanswered for weeks, with no contractor and no record, and notice, material health-and-safety effect, and failure within a reasonable time are all present — and the § 4458 menu is in play. The difference between the two files is rarely the furnace. It is the response record.

Minor defects — repair and deduct under § 4459

Section 4459 handles the smaller end. If within 30 days of notice the landlord fails to repair a minor defect to comply with Chapter 137 or a material provision of the rental agreement, the tenant may repair and deduct the actual and reasonable cost, not to exceed one-half of one month's rent, providing actual notice of the cost when it is deducted (§ 4459(a)). The remedy is unavailable if the tenant or a person on the premises with the tenant's consent caused the noncompliance (§ 4459(b)).

Three contrasts keep the sections straight: § 4459 has a fixed 30-day clock, § 4458 a reasonable-time standard; § 4459 is for a minor defect, § 4458 requires material health-and-safety effect; § 4459's remedy is one capped deduction, § 4458's includes withholding, injunction, damages, and termination. A tenant who deducts two months' rent for a minor repair, or deducts on day three, is not following § 4459 — say so by section and element, and still repair minor defects inside 30 days. See how to handle maintenance requests.

What counts as illegal retaliation by a Vermont landlord? (§ 4465)

This citation matters, and the earlier version of this guide got it wrong: it cited § 4468 for retaliation. Section 4468 is "Termination of tenancy; action for possession" — if the tenant remains in possession after termination without the landlord's express consent, the landlord may bring an action for possession, damages, and costs under 12 V.S.A. chapter 169, subchapter 3. Retaliation is § 4465, "Retaliatory conduct prohibited."

Under § 4465(a), a landlord of a residential dwelling unit may not retaliate by establishing or changing terms of a rental agreement or by bringing or threatening to bring an action against a tenant who: (1) has complained to a governmental agency charged with enforcement of a building, housing, or health regulation of a violation applicable to the premises materially affecting health and safety; (2) has complained to the landlord of a violation of Chapter 137; or (3) has organized or become a member of a tenant's union or similar organization (§ 4465(a)(1)–(3)). If the landlord acts in violation, the tenant is entitled to recover damages and reasonable attorney's fees and has a defense in any retaliatory action for possession (§ 4465(b)).

Section 4465(c) adds a presumption with a clock. If a landlord serves a termination notice on any ground other than nonpayment within 90 days after notice by a municipal or State governmental entity that the premises are not in compliance with applicable health or safety regulations, there is a rebuttable presumption of retaliation (§ 4465(c)). A termination inside that window does not automatically lose, but it starts uphill. Keep an independent, dated, non-retaliatory file — lease violations, a signed purchase contract — that predates and stands apart from the code notice, and do not let a rent increase or termination be the first document after a habitability complaint.

How does eviction (ejectment) work in Vermont, and why is self-help illegal?

Self-help eviction is illegal, in terms. No landlord may willfully cause, directly or indirectly, the interruption or termination of any utility service supplied to the tenant, except temporary interruptions for emergency repairs, and no landlord may directly or indirectly deny a tenant access to and possession of the premises or the tenant's property, except through proper judicial process (§ 4463(a)–(c)). A tenant who sustains damage or injury from an illegal eviction may sue for injunctive relief, damages, costs, and reasonable attorney's fees; fees to the landlord are available only if the action is found, on motion and hearing, not in good faith and frivolous or intended for harassment only (§ 4464). The lawful route is a valid § 4467 notice, then — if the tenant remains after termination without the landlord's express consent — an action for possession, damages, and costs under 12 V.S.A. chapter 169, subchapter 3 (§ 4468).

The § 4467 notice table

Every § 4467 notice must be actual notice as § 4451(1) defines it, and in all cases the termination date shall be specifically stated (§ 4467(f)). A notice saying only "in 30 days," or understating the count for its ground, is defective on its face.

This table corrects two compressions in the earlier guide. First, it listed "30 days for month-to-month (§ 4467(e)); 21 days for week-to-week (§ 4467(c)(2))" as freestanding periodic rules. They are not: the § 4467(e) 30 days is the written-agreement no-cause notice for a tenancy of two years or less, running before the end of the stated term, and the § 4467(c)(2) 21 days is the no-written-agreement, weekly-rent, no-cause notice. A month-to-month tenant with no written agreement is in § 4467(c)(1) — 60 or 90 days. Second, on cure: the earlier guide stated that material lease violations carry "an opportunity to cure." Section 4467(b)(1) states no cure right; the express saving rule is for nonpayment in § 4467(a). If your own agreement grants a cure opportunity, honor it as a contract term — a different source.

Two payment rules protect a case. Acceptance of partial payment in a nonpayment termination is not a waiver or an accord and satisfaction (§ 4467(a)), and acceptance of full or partial rent after termination for another reason, or during the ejectment action, does not dismiss the action or waive remedies on the grounds listed in § 4467(j). Document what was accepted, when, and on what basis.

The 60-day filing window — § 4467(k)

A notice to terminate shall be insufficient to support a judgment of eviction unless the proceeding is commenced not later than 60 days from the termination date in the notice (§ 4467(k)). You may have waited 90 days for a termination date to arrive; you then have 60 days from that date to file, or you start over with a new notice and count. Calendar three dates for every termination: the actual-notice date and its proof, the termination date stated in the notice, and the § 4467(k) deadline.

No-cause worked example. A tenant with no written agreement, paying monthly, has resided continuously in the same premises for more than two years. Under § 4467(c)(1)(B) the termination date must be at least 90 days after actual notice. If actual notice is given on November 2, 2026, the earliest compliant termination date is January 31, 2027 — state that specific date under § 4467(f). If the tenant remains after January 31 without your express consent, § 4468 points to an action under 12 V.S.A. chapter 169, subchapter 3, and § 4467(k) requires the proceeding to be commenced not later than 60 days from January 31, 2027 — by April 1, 2027. Change one fact — a written agreement continued for more than two years — and the rule is § 4467(e): at least 60 days before the end or expiration of the stated term, not 90 days. Written versus unwritten selects the subsection, the count, and the date.

After you file — ejectment under 12 V.S.A. Chapter 169

When a lessee, by parol or written lease, or a person holding under the lease, holds possession without right after the lease terminates by its own limitation or after breach of a lease stipulation, the person entitled to possession may have from the presiding judge of the Superior Court a writ to restore possession (12 V.S.A. § 4851). The process may issue as a summons or writ of attachment; a copy of the rental agreement, if any, and any notice to terminate the defendant's tenancy shall be attached to the complaint, and either party has the right to a trial by jury (12 V.S.A. § 4852). Process is served as in other civil actions (12 V.S.A. § 4853). Attach the agreement and the notice — a missing notice is not a clerical gap in a case founded on that notice.

Rent into court. In a possession action under 12 V.S.A. chapter 169, 9 V.S.A. chapter 137, 10 V.S.A. chapter 153, or 11 V.S.A. chapter 14, the landlord may file a motion, with an affidavit of particular facts, for an order that the tenant pay rent into court, with the complaint or at any time after it is filed (12 V.S.A. § 4853a(a)). A hearing is held any time after 14 days' notice (§ 4853a(b)). If the court finds the tenant is obligated to pay rent and has failed to do so, it shall order full or partial payment into court of rent as it accrues and rent accrued from the earlier of filing or service (§ 4853a(d)); funds are paid to the clerk by money order, certified check, cash, or another guaranteed means and distributed under the final order (§ 4853a(e)). Either side may move on the fund (§ 4853a(f)–(g)). If the tenant fails to pay as ordered, the landlord is entitled to judgment for immediate possession, and the writ directs the sheriff, not earlier than seven days after the writ is served (30 days under 10 V.S.A. chapter 153), to put the plaintiff into possession (§ 4853a(h)). File the motion with the complaint unless there is a reason not to.

Judgment and the writ of possession. If the court finds the plaintiff entitled to possession, the plaintiff shall have judgment for possession and rents due, damages, and costs, and, when a written agreement so provides, the court may award reasonable attorney's fees. A writ of possession shall issue on the date judgment is entered, unless the court for good cause orders a stay, and shall direct any sheriff to serve it and, not earlier than 14 days after service, to put the plaintiff into possession (12 V.S.A. § 4854, as amended by 2025, No. 13, § 1, effective May 5, 2025). Do not rely on older summaries quoting a shorter period; possession changes hands through the sheriff, not the landlord's key.

Property left behind after eviction. Under 12 V.S.A. § 4854a(a), a landlord may dispose of property remaining in a unit without notice or liability: (1) 15 days after a writ of possession is served under chapter 169 or upon being legally restored to possession, whichever is later; or (2) for an eviction under 10 V.S.A. chapter 153, 40 days after a § 4853a(h) writ is served or upon being legally restored to possession by such a writ, whichever is later. If the court stays execution, § 4854a(b) allows disposal one day after the landlord is legally restored to possession. Keep this track separate from abandonment under § 4462: different events, different clocks.

Full process: how to evict a tenant, and our lease agreement guide.

When the tenant leaves — tenant notice, abandonment, and unclaimed property

A tenant's own exit has a statutory default: unless inconsistent with a written rental agreement or otherwise provided by law, a tenant may terminate by actual notice at least one rental payment period before the termination date specified in the notice (§ 4456(d)).

Abandonment is a three-part test, not an impression of an empty unit: (1) circumstances that would lead a reasonable person to believe the unit is no longer occupied as a full-time residence; (2) rent is not current; and (3) the landlord has made reasonable efforts to ascertain the tenant's intentions (§ 4462(a)). All three must be present; treating a non-abandoned unit as abandoned collides with § 4463's ban on denying access except through judicial process.

If the tenant abandons, the tenant remains liable for rent until the expiration of the rental agreement; however, if the landlord rents the unit before expiration, the agreement terminates on the date of the new tenancy (§ 4462(b)). This corrects the earlier version of this guide, which stated an implied duty to mitigate requiring a reasonable effort to re-rent. Section 4462(b) states the liability rule and the effect of a reletting; it does not state a duty to search for a new tenant, and this guide does not assert one. What is verifiable is still commercially important: reletting ends the old agreement on the new tenancy date, so you cannot charge the departed tenant past that date. See tenant breaking a lease.

Unclaimed property after abandonment runs on a 60-day notice. If property, except trash, garbage, or refuse, is unclaimed by a tenant who has abandoned a unit, the landlord shall give written notice, mailed to the tenant's last known address, that the landlord intends to dispose of the property after 60 days if the tenant has not claimed it and paid reasonable storage and other fees incurred; the landlord shall place the property in a safe, dry, secured location, but may dispose of trash, garbage, or refuse. To claim, the tenant provides within 60 days after the notice date a reasonable written description and payment of fair and reasonable storage and related expenses. If the tenant does not claim in time, the property becomes the landlord's; if the tenant claims in time, the landlord shall immediately make it available at a reasonable place (§ 4462(c)). A no-notice rule applies at ordinary move-out: property remaining after the tenant has vacated may be disposed of without notice or liability if the tenant gave actual notice of vacating, or vacated at the end of the rental agreement (§ 4462(d)). Do not apply the § 4462(d) rule to an abandonment — that is § 4462(c), with its mailed notice and 60 days.

Discrimination — 9 V.S.A. § 4503 in Chapter 139

The federal Fair Housing Act applies in full, and Vermont's Fair Housing and Public Accommodations Act adds a broader state list. The operative housing section is 9 V.S.A. § 4503, "Unfair housing practices," in Title 9, Chapter 139 — note the chapter, because § 4503 is not in Chapter 137.

Section 4503(a)(1) makes it unlawful to refuse to sell or rent, refuse to negotiate, or otherwise make unavailable or deny a dwelling or other real estate because of the race, sex, sexual orientation, gender identity, age, marital status, religious creed, color, national origin, citizenship, immigration status, or disability of a person, or because a person intends to occupy a dwelling with one or more minor children, or because a person is a recipient of public assistance, or because a person is a victim of abuse, sexual assault, or stalking. The same list drives the prohibitions on discrimination or harassment in terms, conditions, privileges, and services (§ 4503(a)(2)) and on discriminatory notices, statements, and advertisements (§ 4503(a)(3)), and, with the variations in the text, § 4503(a)(4)–(8) on false representations of availability, lending and brokerage discrimination, blockbusting, and denial of access to listing services and brokers' organizations.

That list corrects and expands the earlier version of this guide, which named sexual orientation, gender identity, marital status, age, and public assistance as the state additions. All are present — but the current § 4503(a)(1) text, as amended by 2025, No. 69, § 13, effective July 1, 2025, also includes citizenship and immigration status and victim of abuse, sexual assault, or stalking, and frames familial status in Vermont's own words: a person who intends to occupy a dwelling with one or more minor children. Build screening criteria from the current list, not a remembered shorter one.

Two disability provisions deserve their own lines. It is an unfair practice to discriminate because a person relies on aids such as attendants, specially trained animals, wheelchairs, or similar devices; the owner need not modify the building, but shall permit, at the person's expense, reasonable modifications if necessary for full enjoyment, may require agreement to restore (wear and tear excepted) where reasonable, and may not require an additional security deposit for this purpose (§ 4503(a)(9)). It is also an unfair practice to refuse reasonable accommodations in rules, policies, practices, or services when necessary for a person with a disability to have equal opportunity to use and enjoy a dwelling unit, including common areas (§ 4503(a)(10)). An assistance animal is not a pet for deposit purposes.

The public-assistance protection has immediate screening consequences: refusing an applicant because the applicant receives public assistance — including a housing voucher — is discrimination under § 4503(a)(1). Screen with identical written criteria, apply § 4456a the same way to every applicant, document each decision, and see our fair housing guide and Section 8 landlord guide.

H.772 — what actually happened in 2026

Because the earlier version of this guide previewed H.772 as a bill that had passed the House and might become law, this section states the verified end of the story and no more than the official record supports.

H.772 (2025–2026), sponsored by Rep. Marc Mihaly, was heard in multiple House and Senate committees, according to the Legislature's bill-page witness lists. Testimony filed in the Senate in April 2026 addresses "H.772 (as passed by the house)," and the House Journal records the House-passed § 4461 amendments: a two-month cap in addition to first month's rent; a separate pet deposit, with no charge for an animal that mitigates a disability; and, for a termination under § 4467(d) or (e), return of one-half of the deposit at the tenant's request, subject to § 4461(b) deductions, with a statement not later than 45 days before the termination date. Senate Judiciary's Draft No. 5.1 in May 2026 carried a proposed § 4455(c) barring an increase more than once in any 12-month period, with a purchase exception.

None of that is law. The official bill-status page records the last action as May 27, 2026: third reading refused on roll call — Failed, needed 16 of 30 to pass, Yeas 15, Nays 16. The bill was not enacted and did not amend Chapter 137 — confirmed by the code itself: the Vermont Statutes Online including the 2026 session publishes § 4461 with no cap, § 4455 with no once-a-year subsection, and § 4467 with the tiers in this guide. Do not collect deposits, time increases, or plan terminations as if H.772 had passed; treat its provisions only as a record of what a future session may revisit, in a form still changing in the Senate before it failed.

Small claims and other money disputes

Not every dispute is an ejectment. For a money claim — a deposit dispute, unpaid rent after the tenant has left, damage above the deposit — small claims procedure is governed by 12 V.S.A. chapter 187. This corrects the earlier guide, which stated a $7,500 limit. Under 12 V.S.A. § 5531(a), small claims provide a simple, informal, inexpensive procedure for civil actions other than slander or libel in which the plaintiff does not claim as debt or damage more than $10,000.00. Parties may not request relief other than money damages, and may not split a claim over $10,000 (§ 5531(b)). The court shall not have jurisdiction over collection of any debt greater than $5,000 arising out of a consumer credit transaction as defined in 15 U.S.C. § 1679a or medical debt as defined in 18 V.S.A. § 9481 (§ 5531(e)). Representation by an attorney is allowed but not required (§ 5536). Possession belongs in ejectment; a money-only claim at or under the § 5531 limits belongs in the small claims analysis; a claim above $10,000 goes in the Civil Division's formal procedure.

A step-by-step Vermont compliance checklist

1. Before screening: no application fee (§ 4456a(a)); accept government identification, an ITIN, or an SSN, and do not require an SSN (§ 4456a(b)); apply one written criteria set reflecting the current § 4503 list.

2. At deposit acceptance and in the agreement: record the amount — no state cap in current § 4461 — start a per-unit condition file, state rent, due date, and payment method (§ 4455(a)), draft any late fee as a documented advance estimate that can survive Highgate, and include no habitability waiver (§ 4457(b)).

3. During the tenancy: supply heat and hot and cold water (§ 4457(c)); date-stamp every repair report and classify it — § 4459 minor defect (30 days) or § 4458 material noncompliance (reasonable time); enter only with consent or on § 4460's 48-hour, 9-to-9 terms, and log every entry.

4. For a rent increase: at least 60 days' actual notice, effective the first day of the following rental period (§ 4455(b)), with proof under § 4451(1). After any complaint or code notice, check § 4465 and its 90-day presumption before changing a term or serving a termination.

5. For a termination: select the § 4467 subsection by ground, written versus unwritten agreement, rent period, and residence length; state the specific date (§ 4467(f)); calendar the § 4467(k) filing deadline. In court, attach the agreement and notice (12 V.S.A. § 4852), consider a rent-into-court motion (§ 4853a(a)), and plan on sheriff-executed possession not earlier than 14 days after the writ is served (§ 4854).

6. At move-out and after: start the § 4461(c) clock from the correct trigger and deliver or mail the deposit and statement within 14 days (60 for qualifying seasonal occupancy); use the correct property track — § 4462(c), § 4462(d), or 12 V.S.A. § 4854a; and on any purchase or sale, transfer deposits and give the § 4461(f) notice.

The bottom line

Vermont protects tenants more than most states small landlords operate in: no deposit cap but a 14-day return with forfeiture for lateness and, if willful, double the amount wrongfully withheld; a 60-day rent-increase notice effective at the next period boundary; late fees tested for reasonableness under Highgate; application fees banned and an SSN made optional for screening; 48-hour entry confined to 9:00 A.M. to 9:00 P.M. for listed purposes; and a 90-day no-cause notice for a long-tenured tenant with no written agreement. Repair-and-deduct is capped at one-half of one month's rent after 30 days for minor defects (§ 4459); withholding, injunction, damages, and termination are the remedies for material health-and-safety noncompliance (§ 4458). Retaliation is § 4465, with a 90-day presumption after a governmental noncompliance notice. H.772 would have changed several of these rules; it failed in the Senate on May 27, 2026, and changed none of them. Build on the code as published: deposits documented and returned in 14 days, correct increase effective dates, cost-based late fees or none, entry logs inside the statutory window, and a fast, documented maintenance channel.

Primary sources

Every statute rule in this guide was checked against the official Vermont Statutes Online at legislature.vermont.gov, which states that it now includes the actions of the 2026 session, except the Highgate discussion, checked against the opinion itself:

• 9 V.S.A. §§ 4451, 4452, 4453, 4455, 4456, 4456a, 4457, 4458, 4459, 4460, 4461, 4462, 4463, 4464, 4465, 4467, and 4468 — Title 9, Chapter 137, at legislature.vermont.gov.

Frequently asked questions

Is there a cap on security deposits in Vermont?

No, not in current law. Section 4461 as published in the Vermont Statutes Online, including the 2026 session, states no maximum. H.772 as passed by the House would have capped a deposit at two months' rent, plus a separate pet deposit, but the Senate refused third reading on May 27, 2026 (Yeas 15, Nays 16) and the bill did not pass. Check a planned deposit against Vermont's no-cap rule with the Security Deposit Max Checker, which returns a compliant or over-the-limit verdict for the amount and state you enter.

How long does a Vermont landlord have to return a security deposit, and what happens if the landlord is late?

Fourteen days from the date the landlord discovers the tenant vacated or abandoned the unit, or the date the tenant vacated if the landlord received notice of that date — 60 days for seasonal occupancy of a unit not intended as a primary residence — with a written itemized statement, hand-delivered or mailed to the tenant's last known address (§ 4461(c)–(d)). A landlord who fails to return the deposit with a statement within 14 days forfeits the right to withhold any portion; if the failure is willful, the landlord is liable for double the amount wrongfully withheld, plus reasonable attorney's fees and costs (§ 4461(e)).

How much notice is required for a rent increase in Vermont?

An increase takes effect on the first day of the rental period following no less than 60 days' actual notice (§ 4455(b)). Chapter 137 caps neither the size of an increase nor, in current law, its frequency; the once-in-12-months limit was an H.772 proposal that did not pass.

How much notice must a Vermont landlord give before entering a rental unit?

With the tenant's consent, entry is under § 4460(a), and consent shall not be unreasonably withheld. Without consent, entry is allowed only for the § 4460(b) purposes — inspecting, necessary or agreed repairs, alterations, or improvements, supplying agreed services, or exhibiting the unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors — between 9:00 A.M. and 9:00 P.M. on no less than 48 hours' notice. Without consent or notice, entry is allowed only on a reasonable belief of imminent danger to a person or property (§ 4460(c)).

Can a Vermont tenant withhold rent or repair a defect and deduct the cost?

Yes, through two sections with different elements. For habitability noncompliance materially affecting health and safety, after actual notice and failure to repair within a reasonable time, the tenant may withhold rent for the period of noncompliance, obtain injunctive relief, recover damages, costs, and reasonable attorney's fees, and terminate on reasonable notice (§ 4458(a)). For a minor defect not repaired within 30 days of notice, the tenant may repair and deduct the actual and reasonable cost, not to exceed one-half of one month's rent, giving actual notice of the cost when deducted (§ 4459(a)). Neither remedy is available if the tenant or a person on the premises with the tenant's consent caused the noncompliance (§§ 4458(b), 4459(b)).

How long is the notice to terminate a tenancy for no cause in Vermont?

It depends on whether there is a written agreement. With no written agreement and monthly rent, at least 60 days after actual notice (residence two years or less) or 90 days (more than two years); with no written agreement and weekly rent, at least 21 days (§ 4467(c)). With a written agreement, at least 30 days before the end or expiration of the stated term (tenancy two years or less) or 60 days (more than two years); a written week-to-week agreement requires at least seven days (§ 4467(e)). The termination date must be specifically stated (§ 4467(f)), and the proceeding must be commenced within 60 days of it (§ 4467(k)). To map those clocks against your own dates — 60 or 90 days after actual notice for a no-written-agreement monthly tenancy (§ 4467(c)) → the termination date specifically stated in the notice (§ 4467(f)) → the proceeding commenced not later than 60 days from that date (§ 4467(k)) → the writ of possession executed not earlier than 14 days after service (12 V.S.A. § 4854) — run the sequence through our Eviction Timeline Calculator.

Official sources

• 9 V.S.A. § 4461 — Security deposits
• 9 V.S.A. § 4467 — Termination of tenancy
• 9 V.S.A. § 4455 — Rent
• 9 V.S.A. § 4460 — Access
• 9 V.S.A. § 4465 — Retaliatory conduct prohibited
• 12 V.S.A. § 5531 — Small claims

More landlord-tenant law guides

• Landlord-tenant law by state
• Utah landlord-tenant law
• Virginia landlord-tenant law
• Texas landlord-tenant law
• Washington landlord-tenant law

This is general information, not legal advice. Consult a Vermont landlord-tenant attorney for specific situations.