Exploring Leases and Rental Agreements: Legal Insights
June 22, 2023

When it comes to rental agreements, written contracts reign supreme. While verbal agreements technically hold weight, they often pave the way for disputes and discrepancies. Because rental agreements serve as both legal and practical documents, they must encompass and address fundamental terms. To ensure compliance — on both sides — the contract must also adhere to Vermont state laws.

 

Periodic Agreements and Lease Agreements

 

At the core, a rental agreement lays the groundwork for a tenant's right to occupy a rental unit. Their are two distinctive agreements in this realm - periodic rental agreements, commonly referred to as month-to-month agreements, and leases.

 

Periodic rental agreements naturally expire at the end of each period and can be renewed upon subsequent payments, granting tenants continued residence so long as rent is paid and the landlord does not require eviction.

 

A lease agreement, on the other hand, stipulates a specific duration for the lease, typically spanning six or twelve months. Unlike periodic rental agreements, a lease binds tenants for the entire designated time frame. Leases offer the advantage of shielding tenants from rent hikes and untimely evictions during their term. However, terminating a lease prematurely can prove arduous and costly, and finding a suitable replacement tenant poses challenges. It's important to note that if a tenant decides to vacate before the lease concludes, the landlord may seek compensation for the remaining rent.

 

Core Provisions of a Rental Agreement

 

Landlords typically initiate the negotiating process, presenting the prospective tenant with a written lease or rental agreement. At a minimum, this document addresses the duration of the tenancy, the specified rent amount, and the security deposit. It may also outline maximum occupancy limits and delve into sublease conditions. The lease may include certain restrictions, such as guidelines regarding pets, including limitations on size or quantity, or regulations regarding parking and the utilization of common areas.

 

The lease must clearly indicate the precise amount of rent and its due date, and it should outline the acceptable methods of payment (such as mailing it to the landlord's office or home address, or Venmo). Highlighting the repercussions of late rent payments is equally important . These consequences may involve penalty charges, and habitual tardiness can even lead to eviction notices.

 

Furthermore, the rental agreement should clearly outline the tenant's responsibilities pertaining to repairs and maintenance. This typically entails the duty to maintain the rental unit's cleanliness and sanitary conditions, as it appeared during the commencement of the tenancy. It is crucial to establish instructions on how to alert the landlord regarding any hazardous conditions on the property, and the agreement should unambiguously communicate the restrictions on tenant-initiated repairs and alterations to the unit.

 

Navigating the Termination of a Rental Agreement

 

When planning to terminate a periodic rental agreement or prematurely end a lease, notifying the landlord in advance is of paramount importance. In the case of a periodic rental agreement, the duration between rent payments determines the notice period required from the tenant to terminate the tenancy. Similarly, if the landlord decides to alter the agreement's terms or terminate the tenancy, the same notice period must be observed.

 

Terminating a lease can prove intricate. Since a lease is a legally binding contract, tenants are obligated to pay rent for the entire lease term. However, even if a tenant chooses to break the lease by leaving early, the landlord must make reasonable efforts to re-rent the unit. Vermont mandates this endeavor from the landlord. Consequently, the tenant may be responsible for the costs associated with advertising the unit, and the landlord retains the right to selectively choose the next tenant. In many cases, it is in the tenant's best interest to proactively find a qualified replacement tenant. 

 

Contact a Vermont Landlord-Tenant Lawyer Today

 

If you are a tenant or a landlord with concerns or questions about a lease agreement, the experienced real estate team at Deppman Law PLC can help. Contact Benj or Lesley today for a confidential consultation about your case.


June 20, 2025
Estate planning may sound like something only the wealthy or elderly need to worry about, but in truth, it’s an essential part of life planning for every adult—regardless of age, wealth, or family structure. Whether you're a small business owner in Montpelier, a retiree in Middlebury, or a young parent in Burlington, having a clear and legally sound estate plan can protect your loved ones, preserve your assets, and provide peace of mind. In Vermont, as in most states, there are five core documents that form the foundation of a comprehensive estate plan. Each plays a specific role in ensuring your wishes are respected and your affairs are handled according to your preferences—both during your lifetime and after your death. Here’s a closer look at the five essential estate planning documents every Vermonter should have: 1. Last Will and Testament A will is the cornerstone of any estate plan. It outlines how you want your assets to be distributed after your death and names an executor to manage your estate. If you have minor children, your will is also the document where you nominate a guardian for them. Without a will, your estate will be distributed according to Vermont’s intestacy laws—which may not reflect your wishes. This process can be time-consuming, emotionally draining for your family, and lead to unintended outcomes. Even if your estate is modest, a will ensures clarity and can help your loved ones avoid unnecessary legal complications during an already difficult time. 2. Durable Power of Attorney A durable power of attorney (POA) allows you to name someone to handle your financial and legal affairs if you become incapacitated. This could include paying your bills, managing investments, filing taxes, or making other important decisions on your behalf. In Vermont, a POA remains in effect even if you become mentally or physically unable to manage your own affairs—hence the term durable. Without a POA, your loved ones may have to go through a costly and time-consuming court process to gain the authority to act on your behalf. Choosing a trusted agent now can spare your family considerable stress later. 3. Advance Directive for Health Care Also known as a health care proxy or medical power of attorney, an advance directive allows you to appoint someone to make medical decisions for you if you are unable to do so yourself. This includes decisions about life-sustaining treatments, organ donation, and end-of-life care. Vermont has a specific form for advance directives, and completing one ensures your health care wishes are known and legally binding. Without this document, important medical decisions may fall to someone who doesn’t know your preferences—or disagreements among family members could create unnecessary tension. 4. HIPAA Authorization The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your medical records, but it can also make it difficult for loved ones to access information in an emergency. A HIPAA authorization allows you to name individuals who can access your medical records and communicate with your doctors. This is especially important if you have multiple family members who may need to coordinate your care or advocate on your behalf. Without this document, your loved ones may be left in the dark at a time when fast, informed decisions are critical. 5. Revocable Living Trust (Optional, But Strongly Recommended) While not every Vermonter needs a revocable living trust, it can be a powerful tool—especially if you own real estate, have a blended family, or want to avoid probate. A revocable living trust allows you to transfer ownership of your assets into a trust during your lifetime, with instructions for how they should be managed and distributed. You retain control of the assets while you're alive, and after your death, they can be distributed without going through the Vermont probate process. A trust also provides greater privacy, flexibility, and control, and can be particularly helpful for managing out-of-state property or planning for incapacity. Take Control of Your Legacy Estate planning isn’t just about preparing for the unexpected—it’s about making intentional decisions that protect your family, safeguard your assets, and reflect your values. At Deppman Law PLC, we help individuals and families throughout Vermont create customized estate plans that meet their specific needs—no matter how simple or complex. Whether you’re starting from scratch or need to update existing documents, we’re here to guide you through every step with care and clarity. Contact Benj or Lesley today to schedule a consultation and begin building your estate plan with confidence.
May 18, 2025
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