How To Sublet Legally In Vermont

The Bottom Line: The Vermont Renting Handbook for Tenants and Landlords requires that you receive written approval from your landlord prior to subletting. Know that he cannot “unreasonably refuse” your request to sublet.

1. Check your lease

Most likely, your lease contains a clause which requires you to obtain your landlord’s approval prior to subletting.

2. Mail a letter

You should send a letter to your landlord via certified mail, return-receipt requested, and save a copy of the document for your own records. Certified mail is the only proof of delivery that most courts will accept and thus is the best way to protect yourself.

The letter should clearly outline the terms of the agreement and include the following information:

• The term (starting and end dates) of the sublet or the date of the proposed assignment (30 days from when you sent the letter)
• The name of the proposed subtenant or assignee
• The permanent home address of the proposed subtenant or assignee
• Your reason for subletting or leaving permanently
• Your new address during the sublease if applicable
• The written consent of any co‑tenant
• A copy of the proposed sublease

4. Wait for approval.

If your lease says that you are not allowed to sublet under any circumstance then your landlord can ignore or refuse your request with impunity. If this happens, your only recourse will be to tell your landlord that they have a duty to mitigate damages by accepting your subtenant.

On the other hand, if your lease says that you can sublet with landlord approval or makes no mention of sublets then your landlord cannot refuse your request without a good reason.

If your landlord rejects your request, know that he can only reject proposed subtenants based on legitimate factors and can’t “unreasonably refuse” the request.

Legal grounds for refusal may include:

• The financial responsibility of the proposed assignee or subtenant.
• Intended use of the property.
• The legality of the proposed use.
• The nature of the occupancy.
• The compatibility of the tenant’s use with the uses of the other tenants.

5. Collect and store a security deposit

Hooray - you're approved!

To protect yourself against damages to the apartment or any belongings that you leave in the space, you should take a security deposit from your subtenant. Follow Vermont laws for accepting and holding security deposits as best you can. The most important thing to do is agree on the state of the apartment with your subtenant so that you don't get charged for damages caused by them.

6. Set up rent payments

You don't want to spend the first day of every month pestering someone for rent so that you can pay your landlord. You don't want to have to think about it at all.

Agree on a process for rent payments before they move in. Put this process in writing in the sublet agreement that you both sign.