Required Disclosures for Vermont Residential Landlords

Since Vermont's admission to the Union on March 4, 1791, the state has developed a robust framework for property rights, now primarily governed by the Residential Rental Agreements Act (9 V.S.A. Chapter 137), which became effective on July 1, 1986. Vermont law requires landlords to provide several key disclosures to tenants and prohibits the waiver of statutory rights. Most notably, as of June 17, 2024, landlords must provide a mandatory flood hazard disclosure under 9 V.S.A. § 4466 using a state-prescribed model form. Additionally, 9 V.S.A. § 4454 ensures that rental agreements cannot contain provisions that attempt to circumvent the obligations and remedies established by state law.

The § 4466 Flood Hazard Disclosure

Effective as of June 17, 2024, Vermont law requires landlords to disclose in writing, at or before the execution of the lease, whether any portion of the rental premises is located in a FEMA-mapped special flood hazard area. This disclosure must be provided in a separate document substantially in the form prescribed by the Department of Housing and Community Development.

Required Disclosure Items

1. Non-Circumvention of Rights (9 V.S.A. § 4454): No rental agreement shall contain any provision that attempts to circumvent or circumvents obligations and remedies established by the Residential Rental Agreements Act. Any such provision is legally unenforceable and void. Vermont law does not contain a general statutory requirement for landlords to disclose their identity at the start of all tenancies, though specific notice requirements apply to new owners and lead-safe housing.

2. Lead Paint Disclosure (18 V.S.A. § 1759 & 42 U.S.C. § 4852d): For "target housing" constructed prior to 1978, the landlord must provide:

• The federal EPA pamphlet "Protect Your Family From Lead in Your Home."
• A statement disclosing any known lead-based paint or lead hazards.
• A signed Lead Warning Statement.
• A copy of the most recent RRPM (Renovation, Repair, Painting and Maintenance) compliance statement (formerly known as EMP).
• Additionally, landlords must post a notice in a prominent place in the building that includes the name, address, and telephone number of the owner or the owner's agent.

3. Flood Hazard Area (9 V.S.A. § 4466): If any portion of the property is in a FEMA-mapped special flood hazard area, the landlord must provide the state-approved model disclosure form as a separate document before the lease is signed.

4. Application Fees Prohibited (9 V.S.A. § 4456a): A landlord or a landlord's agent shall not charge an application fee to any individual in order to apply to enter into a rental agreement for a residential dwelling unit.

5. New Owner Identity (9 V.S.A. § 4461(f)): If a rental property is transferred to a new owner, the new landlord must provide the tenant with actual notice of the new landlord's name and address, along with a statement regarding the transfer of the security deposit.

6. Utilities and Rent: While not explicitly mandated as a separate disclosure form, the rental agreement must clearly state which utilities are included in the rent and which are the responsibility of the tenant to avoid disputes over the warranty of habitability under 9 V.S.A. § 4457.

Consequences of Non-Disclosure

Failure to provide the required statutory disclosures can have significant legal consequences:

• A tenant may use the landlord's failure to disclose as a defense in an eviction proceeding.
• The landlord may be liable for damages, court costs, and the tenant's attorney's fees.
• In lead paint cases, landlords can face additional federal penalties and personal liability for childhood lead poisoning injuries.

Automate Vermont Disclosures

Vermont's disclosure landscape requires tracking multiple statutes, from non-circumvention rules under § 4454 to the specific flood hazard model form under § 4466. Landager automatically generates a compliant disclosure package, pre-populating owner data, lead paint status based on construction year, and flagging properties in FEMA zones to trigger the § 4466 form automatically.

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Managing properties in Vermont requires staying on top of strict 14-day deposit returns and 60-day rent increase notices. Landager automates your compliance workflows, tracks every deadline, and generates legal notices that protect your business. Get started with Landager for free todayPreview unavailable.