RESIDENTIAL LEASE AGREEMENT
(Vermont – Comprehensive Template)
[// GUIDANCE: This court-ready template is drafted to comply with Vermont’s Residential Landlord-Tenant Act, 9 V.S.A. §§ 4451–4474, and related state health & safety codes. Bracketed language should be tailored to the transaction. Remove all GUIDANCE comments prior to execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Premises, Term & Possession
- Rent, Additional Charges & Security Deposit
- Landlord Representations & Warranties
- Tenant Representations & Warranties
- Covenants & Restrictions
- Maintenance, Repairs & Habitability Standards
- Insurance, Indemnification & Liability Allocation
- Default & Remedies
- Dispute Resolution, Governing Law & Forum
- General Provisions
- Signatures & Acknowledgments
1. DOCUMENT HEADER
THIS RESIDENTIAL LEASE AGREEMENT (this “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
(a) [LANDLORD LEGAL NAME], a [STATE & TYPE OF ENTITY/INDIVIDUAL] with a principal mailing address of [LANDLORD ADDRESS] (“Landlord”); and
(b) [TENANT LEGAL NAME(S)] with a current mailing address of [TENANT ADDRESS] (“Tenant”).
Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises (as defined below) on the terms and conditions set forth herein and for legally sufficient consideration, the receipt and adequacy of which are acknowledged.
2. DEFINITIONS
For ease of reference, the following terms shall have the meanings indicated below. Capitalized terms not defined in this Section have the meanings ascribed elsewhere in the Agreement.
“Additional Rent” – Any monetary obligation other than Base Rent payable by Tenant under this Agreement.
“Base Rent” – The monthly rent amount set forth in Section 4.1.
“Commencement Date” – [DATE] or such earlier date on which Tenant takes possession of the Premises.
“Habitability Standards” – The minimum health and safety standards set forth in 9 V.S.A. § 4457 and the Vermont Rental Housing Health Code, as the same may be amended.
“Lease Term” – The period beginning on the Commencement Date and ending on the Expiration Date, as defined in Section 3.2.
“Premises” – The residential dwelling located at [STREET ADDRESS, CITY/TOWN, VT ZIP] together with the appurtenant rights described in Section 3.1.
“Security Deposit” – The amount described in Section 4.3.
“State Landlord-Tenant Law” – Vermont’s Residential Landlord-Tenant Act, 9 V.S.A. §§ 4451–4474.
3. PREMISES, TERM & POSSESSION
3.1 Premises. Landlord leases to Tenant the Premises, including the right to use in common any driveways, walkways, yard areas, and facilities designated by Landlord for common use. No other real property or storage areas are included unless expressly stated herein.
3.2 Lease Term. The Lease Term shall begin on the Commencement Date and end at 11:59 p.m. on [EXPIRATION DATE], unless earlier terminated per this Agreement.
3.3 Possession. Tenant’s right to take possession is conditioned upon (a) payment of the Security Deposit and first month’s Base Rent, and (b) delivery of evidence of insurance required by Section 9.2.
4. RENT, ADDITIONAL CHARGES & SECURITY DEPOSIT
4.1 Base Rent. Tenant shall pay Base Rent of $[AMOUNT] per month in advance, without set-off or deduction, on or before the first (1st) day of each calendar month to Landlord at the address stated above (or as Landlord may later designate).
4.2 Additional Rent & Late Charges.
a. Utilities. Tenant shall pay, as Additional Rent, all utility charges not expressly included in Base Rent.
b. Late Fee. Any rent not received within five (5) days after due date shall incur a late charge of $[FLAT OR % AMOUNT], not to exceed limits imposed by 9 V.S.A. § 4455(a).
c. Returned Payment. Tenant shall pay a $[AMOUNT] fee for each dishonored payment, plus bank charges.
4.3 Security Deposit.
a. Amount & Receipt. Upon execution, Tenant shall deposit $[DEPOSIT AMOUNT] (the “Security Deposit”) with Landlord.
b. Permitted Uses. The Security Deposit secures Tenant’s performance of all obligations and shall be Landlord’s cap on liability for property damage claims, except as otherwise required by law.
c. Return. Within fourteen (14) days after Tenant vacates the Premises, Landlord shall (i) return the unused portion of the Security Deposit and (ii) provide a written statement itemizing any lawful deductions, all in compliance with 9 V.S.A. § 4461(c).
d. Non-Waiver. No provision herein constitutes a non-refundable deposit, which is prohibited under Vermont law.
[// GUIDANCE: Vermont has no statutory cap on residential security deposits but best practice is ≤ two (2) months’ rent.]
5. LANDLORD REPRESENTATIONS & WARRANTIES
5.1 Authority. Landlord has full authority to execute and perform this Agreement.
5.2 Habitability. On the Commencement Date, the Premises shall comply with Habitability Standards and all municipal building, housing, and health codes.
5.3 Quiet Enjoyment. Provided Tenant is not in default, Tenant may peacefully and quietly enjoy the Premises for the Lease Term.
5.4 Environmental. Landlord has no actual knowledge of environmental hazards affecting the Premises except as disclosed in writing to Tenant.
5.5 Survival. Landlord’s representations in this Article V survive the Commencement Date for the duration of the Lease Term.
6. TENANT REPRESENTATIONS & WARRANTIES
6.1 Authority & Capacity. Tenant is legally competent to execute and perform this Agreement.
6.2 Intended Use. Tenant shall use the Premises solely as a private residence for no more than [MAX OCCUPANTS] lawful occupants.
6.3 Financial Ability. Tenant warrants that it is able to timely pay all Rent and perform all obligations herein.
6.4 Compliance. Tenant shall comply with all applicable laws, rules, and regulations, including the State Landlord-Tenant Law and municipal ordinances.
7. COVENANTS & RESTRICTIONS
7.1 Affirmative Covenants of Tenant. Tenant shall:
a. maintain the Premises in a clean, safe condition;
b. promptly notify Landlord of needed repairs;
c. properly dispose of trash and recyclables;
d. maintain smoke/CO detectors per manufacturer instructions; and
e. allow Landlord reasonable access upon at least forty-eight (48) hours’ notice, except in emergencies (9 V.S.A. § 4460).
7.2 Negative Covenants of Tenant. Tenant shall not:
a. commit waste or nuisance;
b. create unreasonably loud or objectionable noise;
c. keep pets except as specifically permitted in Exhibit A;
d. make alterations without prior written consent;
e. use the Premises for unlawful purposes, including controlled-substance activity;
f. assign or sublet without Landlord’s prior written approval.
8. MAINTENANCE, REPAIRS & HABITABILITY STANDARDS
8.1 Landlord Obligations. Landlord shall:
a. maintain structural elements, roofing, plumbing, heating capable of maintaining 65°F (18°C) per state code, hot/cold water, and other essential services;
b. keep common areas reasonably clean and safe;
c. remediate defects materially affecting health or safety within a reasonable time after notice (not to exceed thirty [30] days unless impracticable).
8.2 Tenant Obligations. Tenant shall:
a. promptly notify Landlord of any condition that may cause damage or violate Habitability Standards;
b. be responsible for repairs necessitated by Tenant’s negligence or intentional act.
8.3 Right to Repair & Deduct. If Landlord fails to remedy a material habitability defect within thirty (30) days after written notice, Tenant may repair and deduct the reasonable, documented cost from the next Rent installment, subject to 9 V.S.A. § 4459.
9. INSURANCE, INDEMNIFICATION & LIABILITY ALLOCATION
9.1 Landlord Insurance. Landlord shall maintain property and liability insurance in commercially reasonable amounts.
9.2 Tenant Insurance. Tenant shall obtain and keep in force renter’s liability insurance with a minimum combined single limit of $[AMOUNT] per occurrence, naming Landlord as an additional insured.
9.3 Tenant Indemnification. To the fullest extent permitted by law, Tenant shall indemnify, defend, and hold Landlord harmless from any and all claims, damages, or liabilities arising from (a) Tenant’s use or occupancy of the Premises; (b) breach of this Agreement; or (c) negligent or willful misconduct of Tenant or Tenant’s invitees, except to the extent caused by Landlord’s gross negligence or willful misconduct.
9.4 Liability Cap. Except for (i) personal injury or property damage caused by Landlord’s gross negligence or willful misconduct, (ii) Landlord’s fraud, or (iii) statutory liabilities that cannot be limited, Landlord’s total cumulative liability to Tenant shall not exceed the amount of the Security Deposit then-held by Landlord.
9.5 Waiver of Claims for Casualty Loss. Each party releases the other from claims for damage covered by insurance it is required to carry under this Agreement.
10. DEFAULT & REMEDIES
10.1 Tenant Defaults. Each of the following constitutes an “Event of Default”:
a. Nonpayment of Rent that continues fourteen (14) days after written notice (9 V.S.A. § 4467(a));
b. Material violation of Tenant obligations under Section 7 that continues thirty (30) days after notice (9 V.S.A. § 4467(b));
c. Holding over after Lease Term without Landlord consent;
d. Insolvency or assignment for the benefit of creditors.
10.2 Landlord Remedies. Upon an Event of Default and expiration of any statutory notice or cure period, Landlord may:
a. Terminate this Agreement by giving written notice;
b. File a summary eviction action in the Vermont Superior Court, Civil Division, Housing Docket, pursuant to 12 V.S.A. §§ 4851–4853;
c. Seek possession and unpaid Rent, accelerated to the end of the Lease Term;
d. Apply the Security Deposit to amounts due;
e. Recover reasonable attorney fees and court costs per 9 V.S.A. § 4455(b).
10.3 Graduated Remedies. Remedies are cumulative and may be exercised successively or concurrently.
10.4 Landlord Defaults & Tenant Remedies. If Landlord materially breaches this Agreement and fails to cure within thirty (30) days of written notice, Tenant may (a) terminate the Agreement, (b) recover damages, or (c) seek specific performance or injunctive relief.
11. DISPUTE RESOLUTION, GOVERNING LAW & FORUM
11.1 Governing Law. This Agreement is governed by State Landlord-Tenant Law and other applicable Vermont statutes.
11.2 Forum Selection. The parties consent to exclusive jurisdiction and venue in the Vermont Superior Court, Civil Division, Housing Docket, sitting in [COUNTY NAME] County (“State Housing Court”).
11.3 Arbitration. The parties expressly exclude arbitration; all disputes shall be resolved in the forum designated in Section 11.2.
11.4 Jury Trial. Nothing herein shall constitute a waiver of any constitutional right to trial by jury.
11.5 Equitable Relief. Landlord’s right to seek injunctive or summary eviction relief is preserved notwithstanding any provision of this Agreement.
12. GENERAL PROVISIONS
12.1 Amendments & Waivers. No modification or waiver is effective unless in a writing signed by both parties.
12.2 Assignment & Subletting. Tenant may not assign this Agreement or sublet the Premises without Landlord’s prior written consent, which shall not be unreasonably withheld.
12.3 Successors & Assigns. This Agreement binds and benefits the parties and their respective heirs, successors, and permitted assigns.
12.4 Severability. If any provision is invalid or unenforceable, the remaining provisions remain in full force; the offending provision shall be reformed to the minimum extent necessary to render it enforceable.
12.5 Entire Agreement. This Agreement, including any exhibits, constitutes the entire agreement between the parties and supersedes all prior negotiations or understandings.
12.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures delivered via electronic means (e.g., PDF, DocuSign®) are deemed original signatures.
12.7 Notice. All notices must be in writing and delivered (a) in person; (b) by certified U.S. mail, return receipt requested; or (c) by nationally recognized overnight courier, to the addresses stated in the Document Header (or later designated). Notice is effective upon receipt or first attempted delivery.
13. SIGNATURES & ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have executed this Residential Lease Agreement as of the Effective Date.
LANDLORD:
[LANDLORD LEGAL NAME]
By: ____
Name/Title: ___
Date: _____
TENANT(S):
[TENANT LEGAL NAME]
Date: _____
[TENANT LEGAL NAME] (if multiple)
Date: _____
STATE OF VERMONT
COUNTY OF ________) ss.
On this _ day of __, 20__, before me, the undersigned notary public, personally appeared ______, known to me (or satisfactorily proven) to be the person(s) who executed the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.
Notary Public
Commission Expires: _______
EXHIBIT A
(Pet Addendum or Additional Terms)
[// GUIDANCE: Attach any rules & regulations, parking addendum, or pet policy here.]
[// GUIDANCE: Verify local municipal ordinances (e.g., Burlington, Brattleboro) for any supplemental rental housing registration, inspection, or notice requirements and append as needed.]