Vermont H 772: An act relating to residential rental agreements, eviction procedures, and the creation of the positive rental payment credit reporting pilot program

Bill Text

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H.772
Introduced by Representative Mihaly of Calais
Referred to Committee on
Date:
Subject: Commerce and trade; housing; landlord tenant; residential rental
agreements; court procedure; ejectment; State Treasurer; positive
rental payment pilot program; landlord tenant technical assistance
Statement of purpose of bill as introduced: This bill proposes to make
numerous substantive amendments to residential rental agreements; create an
ejectment process for just cause evictions; make certain ejectment records
confidential; enact the positive rental payment credit reporting pilot program
through the Office of the State Treasurer; and authorize technical assistance for
landlords and tenants through the Champlain Valley Office of Economic
Opportunity.
An act relating to residential rental agreements, eviction procedures, and the
creation of the positive rental payment credit reporting pilot program
It is hereby enacted by the General Assembly of the State of Vermont:
* * * Termination of Residential Rental Agreement * * *
Sec. 1. 9 V.S.A. chapter 137 is amended to read:
CHAPTER 137. RESIDENTIALRENTALAGREEMENTS
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Subchapter 1. General
§ 4451. DEFINITIONS
As used in this chapter:
(1)(A) “Actual notice” means receipt of written notice either:
(i) hand-delivered or;
(ii) delivered by sheriff service;
(iii) mailed to the last known address or the address provided in
the residential rental agreement;
(iv) posted on the door of the dwelling unit and mailed as
described in subdivision (iii) of this subdivision (1)(A); or
(v) emailed to an email address included in the lease agreement
and mailed as described in subdivision (iii) of this subdivision (1)(A).
(B) A rebuttable presumption that the notice was received three days
after mailing is created if the sending party proves that the notice was sent by
first-class or certified U.S. mail.
* * *
(11) “Immediate family” means:
(A) an adult person related by blood, adoption, marriage, or as
defined or described in similar law in another jurisdiction;
(B) an unmarried parent of a joint child;
(C) a child, grandchild, foster child, ward, or guardian; or
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(D) a child, grandchild, foster child, ward, or guardian of any
person listed in subdivision (A) or (B) of this subdivision (11).
* * *
Subchapter 2. Residential Rental Agreements
§ 4456a. RESIDENTIALRENTALAPPLICATION
(a)(1) 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. This subsection shall not be construed to prohibit a
person from charging a fee to a person in order to apply to rent commercial or
nonresidential property.
(2) As used in this section, an “application fee” includes any fee or
charge to submit a residential rental application or conduct a background check
on a residential applicant, a third-party processing payment, and any other
costs associated with a rental agreement application.
(3) A landlord or a landlord’s agent may charge a nominal fee to
conduct a credit check of an applicant, unless the tenant or applicant provides a
credit check as part of the application, in which case the landlord or landlord’s
agent shall not charge a fee.
* * *
(c) A person who violates this section commits an unfair practice in
commerce in violation of section 2453 of this title.
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* * *
§ 4461. SECURITY DEPOSITS
(a)(1) A security deposit is any advance, deposit, or prepaid rent, however
named, which is refundable to the tenant at the termination or expiration of the
tenancy. The function of a security deposit is to secure the performance of a
tenant’s obligations to pay rent and to maintain a dwelling unit.
(2) A landlord shall not charge for or receive a security deposit
exceeding an amount equal to two months’ rent, in addition to any rent for the
first month paid on or before initial occupancy.
* * *
§ 4467. TERMINATION OF TENANCY; NOTICE
(a) Termination for nonpayment of rent. The landlord may terminate a
tenancy for nonpayment of rent by providing actual notice to the tenant of the
date on which the tenancy will terminate, which shall be at least 14 seven days
after the date of the actual notice. The rental agreement shall not terminate if
the tenant pays or tenders rent due through the end of the rental period in
which payment is made or tendered. Acceptance of partial payment of rent
shall not constitute a waiver of the landlord’s remedies for nonpayment of rent
or an accord and satisfaction for nonpayment of rent.
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(b) Termination for breach of r