| 1 | 1 | | BILL AS INTRODUCED H.440 |
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| 2 | 2 | | 2025 Page 1 of 8 |
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| 4 | 4 | | |
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| 5 | 5 | | VT LEG #381092 v.1 |
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| 6 | 6 | | H.440 1 |
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| 7 | 7 | | Introduced by Representatives LaMont of Morristown, Berbeco of Winooski, 2 |
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| 8 | 8 | | Bos-Lun of Westminster, Carris-Duncan of Whitingham, Casey 3 |
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| 9 | 9 | | of Montpelier, Christie of Hartford, Cina of Burlington, Cole of 4 |
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| 10 | 10 | | Hartford, Cordes of Bristol, Dodge of Essex, Headrick of 5 |
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| 11 | 11 | | Burlington, Logan of Burlington, McCann of Montpelier, 6 |
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| 12 | 12 | | McGill of Bridport, Pouech of Hinesburg, Rachelson of 7 |
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| 13 | 13 | | Burlington, and Tomlinson of Winooski 8 |
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| 14 | 14 | | Referred to Committee on 9 |
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| 15 | 15 | | Date: 10 |
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| 16 | 16 | | Subject: Commerce and trade; housing; residential rental agreements 11 |
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| 17 | 17 | | Statement of purpose of bill as introduced: This bill proposes to clarify when a 12 |
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| 18 | 18 | | landlord may terminate a tenancy, provide protection from no cause evictions, 13 |
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| 19 | 19 | | and limit any annual increase in residential rents. 14 |
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| 20 | 20 | | An act relating to providing protections against no-cause eviction 15 |
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| 21 | 21 | | It is hereby enacted by the General Assembly of the State of Vermont: 16 |
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| 22 | 22 | | Sec. 1. 9 V.S.A. chapter 137, subchapter 2 is amended to read: 17 |
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| 23 | 23 | | Subchapter 2. Residential Rental Agreements 18 |
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| 24 | 24 | | * * * 19 BILL AS INTRODUCED H.440 |
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| 25 | 25 | | 2025 Page 2 of 8 |
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| 26 | 26 | | |
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| 27 | 27 | | |
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| 28 | 28 | | VT LEG #381092 v.1 |
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| 29 | 29 | | § 4467. TERMINATION OF TENANCY; NOTICE 1 |
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| 30 | 30 | | (a) Termination for nonpayment of rent. The landlord may terminate a 2 |
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| 31 | 31 | | tenancy for nonpayment of rent by providing actual notice to the tenant of the 3 |
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| 32 | 32 | | date on which the tenancy will terminate, which shall be at least 14 days after 4 |
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| 33 | 33 | | the date of the actual notice. The rental agreement shall not terminate if the 5 |
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| 34 | 34 | | tenant pays or tenders rent due through the end of the rental period in which 6 |
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| 35 | 35 | | payment is made or tendered. Acceptance of partial payment of rent shall not 7 |
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| 36 | 36 | | constitute a waiver of the landlord’s remedies for nonpayment of rent or an 8 |
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| 37 | 37 | | accord and satisfaction for nonpayment of rent. 9 |
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| 38 | 38 | | (b) Termination for breach of rental agreement. 10 |
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| 39 | 39 | | (1) The landlord may terminate a tenancy for failure of the tenant to 11 |
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| 40 | 40 | | comply with a material term of the rental agreement or with obligations 12 |
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| 41 | 41 | | imposed under this chapter by actual notice given to the tenant at least 30 days 13 |
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| 42 | 42 | | prior to the termination date specified in the notice. 14 |
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| 43 | 43 | | (2) When termination is based on criminal activity, illegal drug activity, 15 |
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| 44 | 44 | | or acts of violence, any of which threaten the health or safety of other 16 |
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| 45 | 45 | | residents, the landlord may terminate the tenancy by providing actual notice to 17 |
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| 46 | 46 | | the tenant of the date on which the tenancy will terminate, which shall be at 18 |
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| 47 | 47 | | least 14 days from the date of the actual notice. 19 |
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| 48 | 48 | | (c) Termination for no cause. In the absence of a written rental agreement, 20 |
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| 49 | 49 | | the landlord may terminate a tenancy for no cause as follows: 21 BILL AS INTRODUCED H.440 |
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| 50 | 50 | | 2025 Page 3 of 8 |
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| 51 | 51 | | |
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| 52 | 52 | | |
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| 53 | 53 | | VT LEG #381092 v.1 |
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| 54 | 54 | | (1) If rent is payable on a monthly basis, by providing actual notice to 1 |
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| 55 | 55 | | the tenant of the date on which the tenancy will terminate, which shall be A 2 |
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| 56 | 56 | | landlord shall not terminate a tenancy unless authorized by this section. A 3 |
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| 57 | 57 | | landlord may terminate a tenancy: 4 |
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| 58 | 58 | | (A) for tenants who have resided continuously in the same premises 5 |
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| 59 | 59 | | for two years or less, at least 60 days after the date of the actual notice 6 |
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| 60 | 60 | | nonpayment of rent in accordance with the requirements of subsection (a) of 7 |
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| 61 | 61 | | this section; 8 |
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| 62 | 62 | | (B) for tenants who have resided continuously in the same premises 9 |
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| 63 | 63 | | for more than two years, at least 90 days after the date of the actual notice 10 |
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| 64 | 64 | | breach of a rental agreement in accordance with the requirements of subsection 11 |
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| 65 | 65 | | (b) of this section; 12 |
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| 66 | 66 | | (C) for no cause in accordance with the requirements of this 13 |
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| 67 | 67 | | subsection (c); 14 |
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| 68 | 68 | | (D) when the property is sold in accordance with the requirements of 15 |
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| 69 | 69 | | subsection (d) of this section; or 16 |
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| 70 | 70 | | (E) for a shared occupancy in accordance with the requirements of 17 |
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| 71 | 71 | | subsection (h) of this section. 18 |
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| 72 | 72 | | (2) If rent is payable on a weekly basis, by providing actual notice to the 19 |
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| 73 | 73 | | tenant of the date on which the tenancy will terminate, which shall be at least 20 BILL AS INTRODUCED H.440 |
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| 74 | 74 | | 2025 Page 4 of 8 |
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| 75 | 75 | | |
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| 76 | 76 | | |
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| 77 | 77 | | VT LEG #381092 v.1 |
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| 78 | 78 | | 21 days after the date of the actual notice A landlord may terminate a tenancy 1 |
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| 79 | 79 | | for no cause only in the following circumstances: 2 |
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| 80 | 80 | | (A) the rental unit is one of a two-unit or three-unit owner-occupied 3 |
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| 81 | 81 | | building; 4 |
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| 82 | 82 | | (B) the rental unit requires renovations that exceed 50 percent of the 5 |
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| 83 | 83 | | rental unit’s value to become or remain habitable, provided that the tenant shall 6 |
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| 84 | 84 | | have the right of first refusal to reoccupy the unit at market rate following 7 |
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| 85 | 85 | | renovations; 8 |
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| 86 | 86 | | (C) if the landlord or a member of the landlord’s immediate family 9 |
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| 87 | 87 | | has a good faith intention to occupy the premises; or 10 |
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| 88 | 88 | | (D) if the tenant refuses to accept reasonable, good faith renewal 11 |
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| 89 | 89 | | terms when proposed in writing with a reasonable opportunity for the tenant to 12 |
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| 90 | 90 | | review and accept the proposed terms. 13 |
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| 91 | 91 | | (3) The expiration of a rental agreement shall not constitute cause under 14 |
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| 92 | 92 | | this section. 15 |
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| 93 | 93 | | (4) In the event a landlord terminates a tenancy for no cause under this 16 |
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| 94 | 94 | | subsection, the landlord shall provide: 17 |
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| 95 | 95 | | (A) notice of at least three months prior to the termination date; and 18 |
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| 96 | 96 | | (B) reasonable relocation expenses of at least the equivalent of one 19 |
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| 97 | 97 | | month’s rent under the rental agreement terms or the waiving of the final 20 |
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| 98 | 98 | | month’s rent. 21 BILL AS INTRODUCED H.440 |
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| 99 | 99 | | 2025 Page 5 of 8 |
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| 101 | 101 | | |
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| 102 | 102 | | VT LEG #381092 v.1 |
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| 103 | 103 | | (5) This subsection shall not apply to the first six months of a tenant’s 1 |
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| 104 | 104 | | occupancy under a residential rental agreement. If terminating a tenant’s 2 |
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| 105 | 105 | | occupancy within the first six months, a landlord shall provide actual notice to 3 |
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| 106 | 106 | | the tenant of the date on which the tenancy will terminate, which shall be at 4 |
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| 107 | 107 | | least 30 days after the date of the actual notice. 5 |
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| 108 | 108 | | (6) As used in this subsection, “immediate family” means: 6 |
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| 109 | 109 | | (A) an adult person related by blood, adoption, marriage, or as 7 |
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| 110 | 110 | | defined or described in similar law in another jurisdiction; 8 |
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| 111 | 111 | | (B) an unmarried parent of a joint child; 9 |
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| 112 | 112 | | (C) a child, grandchild, foster child, ward, or guardian; or 10 |
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| 113 | 113 | | (D) a child, grandchild, foster child, ward, or guardian of any person 11 |
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| 114 | 114 | | listed in subdivision (A) or (B) of this subdivision (6). 12 |
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| 115 | 115 | | (d) Termination of rental agreement when property is sold. In the absence 13 |
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| 116 | 116 | | of a written rental agreement a landlord who has contracted to sell the building 14 |
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| 117 | 117 | | may terminate a tenancy by providing actual notice to the tenant of the date on 15 |
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| 118 | 118 | | which the tenancy will terminate, which shall be at least 30 days after the date 16 |
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| 119 | 119 | | of the actual notice. 17 |
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| 120 | 120 | | (e) Termination for no cause under terms of written rental agreement. If 18 |
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| 121 | 121 | | there is a written rental agreement, the notice to terminate for no cause shall be 19 |
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| 122 | 122 | | at least 30 days before the end or expiration of the stated term of the rental 20 |
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| 123 | 123 | | agreement if the tenancy has continued for two years or less. The notice to 21 BILL AS INTRODUCED H.440 |
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| 124 | 124 | | 2025 Page 6 of 8 |
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| 125 | 125 | | |
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| 126 | 126 | | |
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| 127 | 127 | | VT LEG #381092 v.1 |
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| 128 | 128 | | terminate for no cause shall be at least 60 days before the end or expiration of 1 |
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| 129 | 129 | | the term of the rental agreement if the tenancy has continued for more than two 2 |
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| 130 | 130 | | years. If there is a written week-to-week rental agreement, the notice to 3 |
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| 131 | 131 | | terminate for no cause shall be at least seven days; however, a notice to 4 |
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| 132 | 132 | | terminate for nonpayment of rent shall be as provided in subsection (a) of this 5 |
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| 133 | 133 | | section. [Repealed.] 6 |
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| 134 | 134 | | (f) Termination date. In all cases, the termination date shall be specifically 7 |
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| 135 | 135 | | stated in the notice. 8 |
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| 136 | 136 | | (g) Conversion to condominium. If the building is being converted to 9 |
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| 137 | 137 | | condominiums, notice shall be given in accordance with 27 V.S.A. chapter 15, 10 |
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| 138 | 138 | | subchapter 2. 11 |
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| 139 | 139 | | (h) Termination of shared occupancy. A rental arrangement whereby a 12 |
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| 140 | 140 | | person rents to another individual one or more rooms in his or her personal 13 |
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| 141 | 141 | | residence that includes the shared use of any of the common living spaces, 14 |
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| 142 | 142 | | such as the living room, kitchen, or bathroom, may be terminated by either 15 |
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| 143 | 143 | | party by providing actual notice to the other of the date the rental agreement 16 |
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| 144 | 144 | | shall terminate, which shall be at least 15 days after the date of actual notice if 17 |
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| 145 | 145 | | the rent is payable monthly and at least seven days after the date of actual 18 |
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| 146 | 146 | | notice if the rent is payable weekly. 19 |
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| 147 | 147 | | (i) Multiple notices. All actual notices that are in compliance with this 20 |
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| 148 | 148 | | section shall not invalidate any other actual notice and shall be a valid basis for 21 BILL AS INTRODUCED H.440 |
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| 149 | 149 | | 2025 Page 7 of 8 |
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| 151 | 151 | | |
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| 152 | 152 | | VT LEG #381092 v.1 |
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| 153 | 153 | | commencing and maintaining an action for possession pursuant to this chapter, 1 |
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| 154 | 154 | | 10 V.S.A. chapter 153, 11 V.S.A. chapter 14, or 12 V.S.A. chapter 169, 2 |
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| 155 | 155 | | notwithstanding that the notices may be based on different or unrelated 3 |
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| 156 | 156 | | grounds, dates of termination, or that the notices are sent at different times 4 |
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| 157 | 157 | | prior to or during an ejectment action. A landlord may maintain an ejectment 5 |
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| 158 | 158 | | action and rely on as many grounds for ejectment as are allowed by law at any 6 |
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| 159 | 159 | | time during the eviction process. 7 |
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| 160 | 160 | | (j) Payment after termination; effect. 8 |
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| 161 | 161 | | (1) A landlord’s acceptance of full or partial rent payment by or on 9 |
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| 162 | 162 | | behalf of a tenant after the termination of the tenancy for reasons other than 10 |
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| 163 | 163 | | nonpayment of rent or at any time during the ejectment action shall not result 11 |
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| 164 | 164 | | in the dismissal of an ejectment action or constitute a waiver of the landlord’s 12 |
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| 165 | 165 | | remedies to proceed with an eviction action based on any of the following: 13 |
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| 166 | 166 | | (A) the tenant’s breach of the terms of a rental agreement pursuant to 14 |
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| 167 | 167 | | subsection (b) of this section; 15 |
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| 168 | 168 | | (B) the tenant’s breach of the tenant’s obligations pursuant to 16 |
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| 169 | 169 | | subsections 4456(a), (b), and (c) of this title; or 17 |
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| 170 | 170 | | (C) for no cause pursuant to subsections (c), (d), (e), and (h) of this 18 |
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| 171 | 171 | | section. 19 |
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| 172 | 172 | | (2) This subsection shall apply to 10 V.S.A. chapter 153, 11 V.S.A. 20 |
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| 173 | 173 | | chapter 14, and 12 V.S.A. chapter 169. 21 BILL AS INTRODUCED H.440 |
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| 174 | 174 | | 2025 Page 8 of 8 |
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| 175 | 175 | | |
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| 176 | 176 | | |
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| 177 | 177 | | VT LEG #381092 v.1 |
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| 178 | 178 | | (k) Commencement of ejectment action. A notice to terminate a tenancy 1 |
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| 179 | 179 | | shall be insufficient to support a judgment of eviction unless the proceeding is 2 |
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| 180 | 180 | | commenced not later than 60 days from the termination date set forth in the 3 |
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| 181 | 181 | | notice. 4 |
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| 182 | 182 | | * * * 5 |
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| 183 | 183 | | § 4468b. MAXIMUM INCREASE IN RENT 6 |
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| 184 | 184 | | (a) A landlord shall not increase rent during any 12-month period in an 7 |
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| 185 | 185 | | amount greater than three percent plus the Consumer Price Index above the 8 |
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| 186 | 186 | | existing rent, as published by the Bureau of Labor Statistics of the United 9 |
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| 187 | 187 | | States Department of Labor in September of the prior calendar year, or eight 10 |
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| 188 | 188 | | percent, whichever is lower. 11 |
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| 189 | 189 | | (b) A landlord shall specify in a notice of increase of rent: 12 |
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| 190 | 190 | | (1) the amount of the rent increase; 13 |
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| 191 | 191 | | (2) the amount of the new rent; and 14 |
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| 192 | 192 | | (3) the date on which the increase becomes effective. 15 |
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| 193 | 193 | | (c) A landlord shall notify a tenant of an increase in rent not less than 90 16 |
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| 194 | 194 | | days prior to the date the increase takes effect. 17 |
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| 195 | 195 | | Sec. 2. EFFECTIVE DATE 18 |
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| 196 | 196 | | This act shall take effect on July 1, 2025. 19 |
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