27 V.S.A. § ___ § 1362
Waiver prohibited
Operative Text
No lease or rental agreement, oral or written, shall contain any provision by which the tenant or leaseholder prospectively waives any of his or her rights under this subchapter. Any such waiver shall be deemed contrary to public policy and shall be unenforceable and void. (Added 1993, No. 97, § 1.)
Under 27 V.S.A. ch. 15 § 1362, any clause in a lease or rental agreement—whether spoken or written—that attempts to have a tenant give up rights granted by this subchapter in advance is automatically void and unenforceable as a matter of Vermont public policy. The law treats such waivers as contrary to public policy regardless of whether the tenant agreed to them. This means the underlying rights remain intact even if a lease document purports to eliminate them.
Plain English — not legal advice.
Operators subject to 27 V.S.A. ch. 15 § 1362 generally review their lease templates to ensure no clause asks tenants to prospectively surrender any right established by this subchapter. Including such a clause does not make it binding—it is void by operation of law—but its presence in a lease can create confusion and potential disputes. Compliant operators typically draft agreements that reflect the full scope of tenant protections rather than attempting to contract around them.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 27 V.S.A. ch. 15 § 1362, tenants retain all rights granted by this subchapter even if a lease contains language purporting to waive those rights; such language has no legal effect in Vermont. If a landlord attempts to enforce a provision that a tenant believes constitutes a prohibited waiver, that tenant may raise the unenforceability of the clause as a defense in any relevant proceeding. Tenant-rights organizations in Vermont can help individuals understand which specific rights this subchapter protects and what general options exist when a landlord relies on a void waiver clause.
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.
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