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.

Understanding Vermont’s Property Disclosure Requirements

September 18, 2025
What sellers must legally share with buyers…and what happens if they don’t Selling a home or property in Vermont involves several legal steps, but one of the most important — and often overlooked — is the requirement to disclose information about the property’s condition. Unlike some states where detailed, standardized disclosure forms are required by law, Vermont takes a slightly different approach. Still, sellers are obligated to provide accurate and truthful information about the property, particularly regarding any known defects or issues that could impact its value or use. Do I Have to Disclose Defects When Selling My Property in Vermont? In Vermont, there is no statewide mandatory property disclosure form required by law. However, Vermont courts have clearly established that sellers must not make material misrepresentations or intentionally withhold information about known defects. In simple terms: you don’t have to volunteer every detail, but you can’t lie or conceal something significant. Because of this, most sellers — especially those working with real estate agents — complete a Property Information Report or another disclosure form anyway. These documents typically cover the age and condition of systems like plumbing, roofing, electrical work, heating, water supply, septic tanks, and more. Sellers may also be asked to disclose whether the home contains asbestos, lead paint, structural damage, or boundary disputes. If a seller is unsure about a particular item (like the age of a roof), they can state that they're uncertain — but they cannot knowingly provide false information. What Counts as a “Material Defect”? A material defect is any issue that could affect the value or livability of the property. Examples include: A leaky roof or foundation cracks Water damage or mold problems A malfunctioning water heater or furnace Infestations Boundary disputes or title issues Unsafe drinking water or septic system failure Hazardous materials, such as asbestos or a buried oil tank If a seller is aware of such issues and fails to disclose them — or worse, attempts to hide them — they could be held liable for fraud or misrepresentation, even after the sale has closed. What Happens If a Seller Fails to Disclose a Known Issue? If a buyer later discovers an undisclosed problem with the property, the seller could face legal consequences, such as: Paying for repairs or replacement of damaged or defective systems Compensating the buyer for a loss in the property’s market value Cancellation of the sale , in extreme cases Punitive damages if the court finds evidence of willful fraud The burden is often on the buyer to prove that the seller knew about the defect and intentionally failed to disclose it. That’s why many buyers in Vermont choose to work with qualified real estate attorneys and inspectors when purchasing property, especially when buying older or rural homes. What About “As Is” Sales? Even if a property is sold “as is,” a seller is still responsible for disclosing any known material defects. The “as is” clause simply means that the seller will not make repairs before the sale — not that they’re excused from telling the truth about the property’s condition. Best Practices for Sellers To minimize risk: Be honest about the property, even if it means disclosing costly issues. Use standardized property disclosure forms, even if not technically required. Keep records of inspections, repairs, and maintenance. Consult an attorney if you’re unsure about what to disclose. Disclosing a defect upfront is almost always cheaper — and far less stressful — than dealing with a lawsuit later. Need Legal Guidance? Buying or selling property in Vermont can be complicated, especially when it comes to disclosure obligations. At Deppman Law PLC, we help clients manage real estate transactions with clarity and confidence. Contact our office today to discuss your real estate questions and ensure your transaction is handled the right way, with the protection and peace of mind you deserve.

Gray Divorce—Unique Challenges for Couples 50 and Up in Vermont

August 20, 2025
Understanding retirement accounts, health insurance, and estate planning in later-life divorce Divorce is challenging at any age. But when it occurs later in life, it comes with a unique set of emotional, financial, and legal considerations. Known as “gray divorce,” this trend is on the rise nationwide, and Vermont is no exception. Whether it’s a couple who’s grown apart after decades together, a second marriage that didn’t work out, or an unexpected separation due to changing needs or values, older Vermonters face specific challenges when untangling their lives. If you’re over 50 and thinking about divorce — or already in the process — it's important to understand how Vermont law impacts key issues like retirement savings, health insurance, and long-term financial security. Dividing Retirement Benefits in Gray Divorce One of the biggest financial concerns for older couples is how divorce will affect retirement savings. In Vermont, retirement accounts — including 401(k)s, pensions, IRAs, or other investments — are generally considered marital property if they were earned or contributed to during the marriage. These assets are subject to equitable distribution — meaning a fair division, not necessarily an equal one. However, splitting retirement accounts is not as simple as taking a number and dividing it in half. Depending on the type of account, you may need a Qualified Domestic Relations Order (QDRO) or other legal tools to divide funds without triggering taxes or penalties. A thoughtful approach is key to ensuring both spouses can maintain financial stability during retirement. Health Insurance After Divorce In a gray divorce, health insurance can be a major issue — especially if one spouse has been relying on the other’s employer-based coverage. Once the divorce is finalized, coverage typically ends for the non-employee spouse. Here are options to consider: COBRA— Allows temporary continuation of coverage (at full cost) for up to 36 months. Vermont Health Connect— Offers individual health insurance plans, sometimes with subsidies depending on income. Medicare Eligibility— If one or both spouses are 65+, Medicare may be available — but understanding enrollment timelines and supplemental coverage options matters. Making the right choice can have a significant impact on both cost and quality of care during your later years. Estate Planning Must Be Updated Many divorcing couples overlook estate planning — but for those 50 and older, it’s essential. A divorce should prompt a full review of all important documents, including: Wills and trusts Powers of attorney Health care proxies Beneficiary designations (insurance policies, retirement plans, etc.) These documents likely name a spouse in key roles — and unless updated, they may leave your ex-spouse with unintended control over your medical, financial, or estate matters. Vermont courts encourage this reassessment to ensure your future wishes are clearly and legally defined. Emotional and Lifestyle Impacts Gray divorce isn't just about finances — it's about rebuilding life at a stage when identities are deeply intertwined. Many older adults face questions like: Where will I live now? How will I manage life alone after decades of marriage? What does my social circle look like now? Navigating these questions with support — both legal and personal — can help create a healthy path forward. Legal Guidance During a Later-Life Divorce At Deppman Law PLC, we understand the financial and emotional complexities of gray divorce in Vermont. Our goal is to help you make confident, informed decisions about your future. Contact our office today to schedule a consultation and ensure that your next chapter is protected, both legally and financially.