Breaking a Lease Early in Vermont: What Are My Options?

If you leave without a legal reason

1. 1

   You owe rent until your rental agreement ends if you abandon your home. Your home counts as abandoned if a reasonable person would think nobody lives there full-time. Your rent must also be unpaid, and your landlord must have tried to learn your plans. If your landlord rents the home to someone new first, your agreement ends on the day the new rental starts.

   Source:

   1. 9 V.S.A. § 4462(b), Vermont General Assembly. Law.
   Tip.

   Read your lease before you decide. Check whether it lets you end it early and what penalty you must pay.

2. 2

   For example, say you abandon your home with 6 months left on your rental agreement at $1,000 a month. Your landlord rents the home to someone new after 2 months. Your landlord can claim about $2,000 in rent, not the $6,000 left.

   Sources:

   1. Our editorial rules.
   2. 9 V.S.A. § 4462(b), Vermont General Assembly. Law.
   Tip.

   This is only an example to show how the rule works. If it goes to court, a court decides the real amount.

When you can leave early

3. 3

   If your home is not fit to live in, you can end your lease on reasonable notice. Your landlord must first get actual notice of the problem. It can come from you, a government agency, or a qualified independent inspector. Your landlord must then fail to repair it in a reasonable time. The problem must seriously affect health and safety.

   Source:

   1. 9 V.S.A. § 4458(a), Vermont General Assembly. Law.
   Think before you call an inspector.

   You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

   Tip.

   Write down each problem, every time you contacted your landlord, and the day you moved out.

4. 4

   You cannot end your rental agreement over a problem that you caused. A problem caused by a person at your home with your consent does not count either. Careless acts, deliberate acts, and failing to act all count as causing it.

   Source:

   1. 9 V.S.A. § 4458(b), Vermont General Assembly. Law.

How to leave

5. 5

   You can end your rental by giving your landlord actual notice. Send it at least one rental payment period (the time your rent covers) before the end date you state in it. A written rental agreement or other law can set a different rule.

   Source:

   1. 9 V.S.A. § 4456(d), Vermont General Assembly. Law.
   Tip.

   Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

After you move out

6. 6

   Your landlord can use your deposit for unpaid rent. It can also cover damage to the landlord's property, other than normal wear and tear (normal use over time) or damage beyond your control. It can cover utility (water, electric, gas) or other charges you had to pay directly. It can also cover removing things you left behind.

   Source:

   1. 9 V.S.A. § 4461(b), Vermont General Assembly. Law.
7. 7

   The law gives your landlord 14 days to return your deposit and a written list of what was taken out. The 14 days start on the date you moved out, if you told your landlord that date. If you did not, they start when your landlord finds out you left. For a seasonal rental that is not a main home, it is 60 days.

   Source:

   1. 9 V.S.A. § 4461(c), Vermont General Assembly. Law.
   Tip.

   Before you leave, clean the home and take photos of how you left it.

8. 8

   If your landlord misses the 14-day deadline, your landlord loses the right to keep any part of your deposit. If it was on purpose, your landlord owes double the amount kept without a legal right, plus reasonable attorney's fees and costs. For example, 2 times $500 is $1,000. You get this money only if you win your case and your landlord pays.

   Sources:

   1. Our editorial rules.
   2. 9 V.S.A. § 4461(e), Vermont General Assembly. Law.
   Tip.

   This is only an example to show how the rule works. If it goes to court, a court decides the real amount.

9. 9

   If your landlord says you owe more, a debt collector may call or write to you. The collector must tell you how much, who it is for and how to say it is wrong. You have 30 days after you get that notice to write back. Then the collector must stop trying to get that money until it answers you.

   Sources:

   1. Our editorial rules.
   2. What information does a debt collector have to give me, Consumer Financial Protection Bureau. A government guide.
   3. What should I do when a debt collector contacts me, Consumer Financial Protection Bureau. A government guide.
10. 10

    Your landlord can take money from your pay or benefits only after winning in court. The court must issue a judgment (the court's final decision) that you owe the debt. If you are sued, do not ignore it. You can lose the case if you do not go to court.

    Sources:

    1. Our editorial rules.
    2. Can a debt collector take or garnish my wages, Consumer Financial Protection Bureau. A government guide.
    Tip.

    If you get court papers, do not ignore them. Go to court, or you can lose the case.

    From Consumer Financial Protection Bureau.

Special protections

11. 11

    You can end a lease early with no penalty. You must reasonably believe you need to leave. You may fear harm that is about to happen. It must come from abuse, sexual assault, or stalking. Or you may have been sexually assaulted at your home. That must be in the 6 months before your notice.

    Sources:

    1. Our editorial rules.
    2. 9 V.S.A. § 4472(a), Vermont General Assembly. Law.
12. 12

    To end your lease for abuse, sexual assault, or stalking, send your landlord a written notice. Add papers that show why you must leave. Send both at least 30 days before the date your lease ends.

    Source:

    1. 9 V.S.A. § 4472(b), Vermont General Assembly. Law.
13. 13

    Papers for ending your lease early can come from a court, law enforcement, or another government agency. They can come from a program that helps victims. They can come from a legal, clerical (religious), medical, or other professional who helped you or your minor or dependent. Or you can sign a government or nonprofit form under penalty of perjury (a sworn promise).

    Source:

    1. 9 V.S.A. § 4472(b)(2), Vermont General Assembly. Law.
14. 14

    If you gave notice to end your lease early for abuse, sexual assault, or stalking, you can keep the lease. Send a written notice that cancels it, or stay past the end date. Either works only if your landlord has not signed with another tenant. This must be before you cancel, or before the end date if you stay.

    Source:

    1. 9 V.S.A. § 4472(c), Vermont General Assembly. Law.