9 V.S.A. § ___ § 4457
Landlord obligations; habitability
Operative Text
(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 habitation and that comply with the requirements of applicable building, housing, and health regulations. (b) Waiver. No rental agreement shall contain any provision by which the tenant waives the protections of the implied warranty of habitability. Any such waiver shall be deemed contrary to public policy and shall be unenforceable and void. (c) Heat and water. As part of the implied warranty of habitability, the landlord shall ensure that the dwelling unit has heating facilities that are capable of safely providing a reasonable amount of heat. Every landlord who provides heat as part of the rental agreement shall at all times supply a reasonable amount of heat to the dwelling unit. The landlord shall provide an adequate amount of water to each dwelling unit properly connected with hot and cold water lines. The hot water lines shall be connected with supplied water-heating facilities that are capable of heating sufficient water to permit an adequate amount to be drawn. This subsection shall not apply to a dwelling unit intended and rented for summer occupancy or as a hunting camp. (Added 1985, No. 175 (Adj. Sess.), § 1.)
Vermont law under 9 V.S.A. ch. 137 § 4457 establishes that every residential rental comes with an automatic, legally implied promise — called a warranty of habitability — that the premises will be safe, clean, and fit for human habitation throughout the entire tenancy. This warranty also requires that the dwelling meet applicable building, housing, and health codes. Heating facilities capable of providing a reasonable amount of heat, and an adequate supply of both hot and cold running water, are specifically included as part of this warranty. Notably, any lease clause that attempts to waive these protections is automatically void and unenforceable as a matter of Vermont public policy.
Plain English — not legal advice.
Under 9 V.S.A. ch. 137 § 4457, compliant Vermont landlords generally maintain rental units in a condition that is safe, clean, and code-compliant from the moment a tenant moves in through the end of the tenancy. Operators who include heat in the rental agreement ensure that heating systems are functional and capable of delivering a reasonable amount of heat at all times, and all units are kept supplied with adequate hot and cold running water through properly connected and functioning systems. Because any lease language attempting to waive the implied warranty of habitability is void by statute, well-managed properties do not include such clauses — doing so provides no legal protection and may expose the operator to liability.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Vermont's implied warranty of habitability under 9 V.S.A. ch. 137 § 4457 gives tenants a legally protected right to housing that is safe, clean, fit for human habitation, and compliant with applicable codes — and this right cannot be signed away in a lease. If a lease contains a clause purporting to waive these protections, that clause is automatically unenforceable, meaning tenants retain their full rights regardless of what the lease says. Tenants who believe their landlord has failed to meet these obligations — including failures related to heat or hot and cold water — may have options such as raising the violation as a defense in an eviction proceeding, pursuing a complaint through local housing or health authorities, or consulting a tenant-rights organization familiar with Vermont law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation