Vermont S 309: An act relating to miscellaneous changes to laws related to the Department of Motor Vehicles, motor vehicles, and vessels

Bill Text

BILL AS INTRODUCED S.309
2026 Page 1 of 29

VT LEG #386003 v.2
S.309 1
Introduced by Senator Clarkson 2
Referred to Committee on 3
Date: 4
Subject: Commerce and trade; housing; landlord tenant; residential rental 5
agreements; court procedure; ejectment; State Treasurer; positive 6
rental payment pilot program; landlord tenant technical assistance 7
Statement of purpose of bill as introduced: This bill proposes to make 8
numerous substantive amendments to residential rental agreements; create an 9
ejectment process for just cause evictions; make certain ejectment records 10
confidential; enact the positive rental payment credit reporting pilot program 11
through the Office of the State Treasurer; and authorize technical assistance for 12
landlords and tenants through the Champlain Valley Office of Economic 13
Opportunity. 14
An act relating to residential rental agreements, eviction procedures, and the 15
creation of the positive rental payment credit reporting pilot program 16
It is hereby enacted by the General Assembly of the State of Vermont: 17
* * * Termination of Residential Rental Agreement * * * 18
Sec. 1. 9 V.S.A. chapter 137 is amended to read: 19
CHAPTER 137. RESIDENTIAL RENTAL AGREEMENTS 20

BILL AS INTRODUCED S.309
2026 Page 2 of 29

VT LEG #386003 v.2
Subchapter 1. General 1
§ 4451. DEFINITIONS 2
As used in this chapter: 3
(1)(A) “Actual notice” means receipt of written notice either: 4
(i) hand-delivered or; 5
(ii) delivered by sheriff service; 6
(iii) mailed to the last known address or the address provided in 7
the residential rental agreement; 8
(iv) posted on the door of the dwelling unit and mailed as 9
described in subdivision (iii) of this subdivision (1)(A); or 10
(v) emailed to an email address included in the lease agreement 11
and mailed as described in subdivision (iii) of this subdivision (1)(A). 12
(B) A rebuttable presumption that the notice was received three days 13
after mailing is created if the sending party proves that the notice was sent by 14
first-class or certified U.S. mail. 15
* * * 16
(11) “Immediate family” means: 17
(A) an adult person related by blood, adoption, marriage, or as 18
defined or described in similar law in another jurisdiction; 19
(B) an unmarried parent of a joint child; 20
(C) a child, grandchild, foster child, ward, or guardian; or 21

BILL AS INTRODUCED S.309
2026 Page 3 of 29

VT LEG #386003 v.2
(D) a child, grandchild, foster child, ward, or guardian of any 1
person listed in subdivision (A) or (B) of this subdivision (11). 2
* * * 3
Subchapter 2. Residential Rental Agreements 4
§ 4456a. RESIDENTIAL RENTAL APPLICATION 5
(a)(1) A landlord or a landlord’s agent shall not charge an application fee to 6
any individual in order to apply to enter into a rental agreement for a 7
residential dwelling unit. This subsection shall not be construed to prohibit a 8
person from charging a fee to a person in order to apply to rent commercial or 9
nonresidential property. 10
(2) As used in this section, an “application fee” includes any fee or 11
charge to submit a residential rental application or conduct a background check 12
on a residential applicant, a third-party processing payment, and any other 13
costs associated with a rental agreement application. 14
(3) A landlord or a landlord’s agent may charge a nominal fee to 15
conduct a credit check of an applicant, unless the tenant or applicant provides a 16
credit check as part of the application, in which case the landlord or landlord’s 17
agent shall not charge a fee. 18
* * * 19
(c) A person who violates this section commits an unfair practice in 20
commerce in violation of section 2453 of this title. 21

BILL AS INTRODUCED S.309
2026 Page 4 of 29

VT LEG #386003 v.2
* * * 1
§ 4461. SECURITY DEPOSITS 2
(a)(1) A security deposit is any advance, deposit, or prepaid rent, however 3
named, which is refundable to the tenant at the termination or expiration of the 4
tenancy. The function of a security deposit is to secure the performance of a 5
tenant’s obligations to pay rent and to maintain a dwelling unit. 6
(2) A landlord shall not charge for or receive a security deposit 7
exceeding an amount equal to two months’ rent, in addition to any rent for the 8
first month paid on or before initial occupancy. 9
* * * 10
§ 4467. TERMINATION OF TENANCY; NOTICE 11
(a) Termination for nonpayment of rent. The landlord may terminate a 12
tenancy for nonpayment of rent by providing actual notice to the tenant of the 13
date on which the tenancy will terminate, which shall be at least 14 seven days 14
after the date of the actual notice. The rental agreement shall not terminate if 15
the tenant pays or tenders rent due through the end of the rental period in 16
which payment is made or tendered. Acceptance of partial payment of rent 17
shall not constitute a waiver of the landlord’s remedies for nonpayment of rent 18
or an accord and satisfaction for nonpayment of rent. 19

BILL AS INTRODUCED S.309
2026 Page 5 of 29

V