Title 09, Commerce and Trade

§ 4308. Rules and regulations of Commissioner The Commissioner may make such rules and regulations as may be necessary for the execution of the functions vested in him or her by sections 4302-4307 of this title and may for that purpose classify domestic stock insurance companies,…

§ 4351. Definitions As used in this chapter: (1) “Beneficiary form” means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. (2) “…

§ 4352. Registration in beneficiary form; sole or joint tenancy ownership Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registr…

§ 4353. Registration in beneficiary form; applicable law A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity’s principal of…

§ 4354. Origination of registration in beneficiary form A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all mu…

§ 4355. Form of registration in beneficiary form Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD” or by the words “pay on death” or the abbreviation “POD” after the name of the registered owner and before the name of a benef…

§ 4356. Effect of registration in beneficiary form The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole ow…

§ 4357. Ownership on death of owner On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with an…

§ 4358. Protection of registering entity (a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in benefici…

§ 4359. Nontestamentary transfer on death (a) A transfer on death resulting from a registration in beneficiary form by an owner whose last domicile was in this State is effective by reason of the contract recording the registration between the owner and the registering entity and…

§ 4360. Terms, conditions, and forms for registration (a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form and (ii) for implementation of…

§ 4401. Rights of recipient of unsolicited goods or services; obligation of business recipient to notify seller (a) Except as provided in subsection (b) of this section, if a seller delivers unsolicited goods to a recipient, the recipient may: (1) refuse the unsolicited goods; or…

§ 4402. Solicitation in the guise of a bill, invoice, or statement of account (a) In this section: (1)(A) “Solicitation” means a document that reasonably could be considered a bill, invoice, or statement of account due, but is in fact an offer to sell goods or services to a consu…

§ 4410. Campgrounds; removal (a) Definition. A recreational campground or camping park is property where transient residence is offered or provided for seasonal or short-term vacation or recreational purposes on which may be located cabins, tents, or lean-tos, or campsites design…

§ 4451. Definitions As used in this chapter: (1) “Actual notice” means receipt of written notice hand-delivered or mailed to the last known address. A rebuttable presumption that the notice was received three days after mailing is created if the sending party proves that the noti…

§ 4452. Exclusions (a) Unless created to avoid the application of this chapter, this chapter does not apply to any of the following: (1) occupancy at a public or private institution, operated for the purpose of providing medical, geriatric, educational, counseling, religious, or …

§ 4453. Obligations implied Obligations imposed on landlords and tenants under this chapter shall be implied in all rental agreements. (Added 1985, No. 175 (Adj. Sess.), § 1.)

§ 4454. Attempt to circumvent No rental agreement shall contain any provision that attempts to circumvent or circumvents obligations and remedies established by this chapter and any such provision shall be unenforceable and void. (Added 1985, No. 175 (Adj. Sess.), § 1.)

§ 4455. Tenant obligations; payment of rent (a) Rent is payable without demand or notice at the time and place agreed upon by the parties. (b) An increase in rent shall take effect on the first day of the rental period following no less than 60 days’ actual notice to the tenant. …

§ 4456. Tenant obligations; use and maintenance of dwelling unit (a) The tenant shall not create or contribute to the noncompliance of the dwelling unit with applicable provisions of building, housing, and health regulations. (b) The tenant shall conduct himself or herself and re…

§ 4456a. Residential rental application (a) 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 …

§ 4456b. Subleases; landlord and tenant rights and obligations (a)(1) A landlord may condition or prohibit subleasing a dwelling unit under the terms of a written rental agreement and may require a tenant to provide written notice of the name and contact information of any subles…

§ 4457. Landlord obligations; habitability (a) Warranty of habitability. In any residential rental agreement, the landlord shall be deemed to covenant and warrant to deliver over and maintain, throughout the period of the tenancy, premises that are safe, clean, and fit for human …

§ 4458. Habitability; tenant remedies (a) If the landlord fails to comply with the landlord’s obligations for habitability and, after receiving actual notice of the noncompliance from the tenant, a governmental entity or a qualified independent inspector, the landlord fails to ma…

§ 4459. Minor defects; repair and deduct (a) If within 30 days of notice, the landlord fails to repair a minor defect in order to comply with this chapter or a material provision of the rental agreement, the tenant may repair the defect and deduct from the rent the actual and rea…

§ 4460. Access (a) A landlord may enter the dwelling unit with the tenant’s consent, which shall not be unreasonably withheld. (b) A landlord may also enter the dwelling unit for the following purposes between the hours of 9:00 A.M. and 9:00 P.M. on no less than 48 hours’ notice:…

§ 4461. Security deposits (a) 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 t…

§ 4462. Abandonment; unclaimed property (a) A tenant has abandoned a dwelling unit if: (1) there are circumstances that would lead a reasonable person to believe that the dwelling unit is no longer occupied as a full-time residence; (2) rent is not current; and (3) the landlord h…

§ 4463. Illegal evictions (a) No landlord may willfully cause, directly or indirectly, the interruption or termination of any utility service being supplied to the tenant, except for temporary interruptions for emergency repairs. (b) No landlord may directly or indirectly deny a …

§ 4464. Remedies for illegal evictions (a) Any tenant who sustains damage or injury as a result of an illegal eviction may bring an action for injunctive relief, damages, costs, and reasonable attorney’s fees. (b) A court may award reasonable attorney’s fees to the landlord if, u…

§ 4465. Retaliatory conduct prohibited (a) A landlord of a residential dwelling unit may not retaliate by establishing or changing terms of a rental agreement or by bringing or threatening to bring an action against a tenant who: (1) has complained to a governmental agency charge…

§ 4466. Required disclosure; model form (a) A landlord shall disclose in advance of entering a rental agreement with a tenant whether any portion of the premises offered for rent is located in a Federal Emergency Management Agency mapped special flood hazard area. This notice sha…

§ 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 days after the date of t…

§ 4468. Termination of tenancy; action for possession If the tenant remains in possession after termination of the rental agreement without the express consent of the landlord, the landlord may bring an action for possession, damages, and costs under 12 V.S.A. chapter 169, subcha…

§ 4468a. Age-restricted housing; rent increase; notice (a) Except as provided in subsection (c) of this section, an owner of privately owned age-restricted residential property within the State that is not licensed pursuant to 33 V.S.A. chapter 71 or 8 V.S.A. chapter 151 shall pr…

§ 4468b. Rental agreements; cannabis restrictions prohibited A rental agreement shall not contain a provision that prohibits a tenant from possessing cannabis or cannabis products within the rental premises or using cannabis or cannabis products within a dwelling unit, except tha…

§ 4469a. Termination of occupancy of farm employee housing (a) As used in this section: (1) “Farm employee” means an individual employed by a farm employer for farming operations. (2) “Farm employer” means a person earning at least one-half of his or her annual gross income from …

§ 4471. Definitions As used in this subchapter: (1) “Abuse” has the same meaning as in 15 V.S.A. § 1101. (2) “Protected tenant” means a tenant who is: (A) a victim of abuse, sexual assault, or stalking; (B) a parent, foster parent, legal guardian, or caretaker with at least parti…

§ 4472. Right to terminate rental agreement (a) Notwithstanding a contrary provision of a rental agreement or of subchapter 2 of this chapter, a protected tenant may terminate a rental agreement pursuant to subsection (b) of this section without penalty or liability if he or she …

§ 4473. Right to change locks; other security measures Notwithstanding any contrary provision of a rental agreement or of subchapter 2 of this chapter: (1) Subject to subdivision (2) of this subsection, a protected tenant may request that a landlord change the locks of a dwelling…

§ 4474. Confidentiality An owner, landlord, or housing subsidy provider who possesses documentation or information concerning a protected tenant’s status as a victim of abuse, sexual assault, or stalking shall keep the documentation or information confidential and shall not allow…

§ 4475. Limitation of liability; enforcement Except in the case of gross negligence or willful misconduct, a landlord is immune from liability for damages to a protected tenant if he or she acts in good faith reliance on: (1) the provisions of this subchapter; or (2) information …

§ 4500. Legislative intent (a) The provisions of this chapter establishing legal standards, duties, and requirements with respect to persons with disabilities in places of public accommodation as defined in this chapter, except those provisions relating to remedies, are intended …

§ 4501. Definitions As used in this chapter: (1) “Place of public accommodation” means any school, restaurant, store, establishment, or other facility at which services, facilities, goods, privileges, advantages, benefits, or accommodations are offered to the general public. (2) …

§ 4502. Public accommodations (a) An owner or operator of a place of public accommodation or an agent or employee of such owner or operator shall not, because of the race, creed, color, national origin, citizenship, immigration status, marital status, sex, sexual orientation, or …

§ 4503. Unfair housing practices (a) It shall be unlawful for any person: (1) To refuse to sell or rent, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling or other real estate to any person because of the race, sex, sexual orienta…