DEFINITION OF A "TENANCY"

9 V.S.A. §4451(9): "Tenant" means a person entitled under a rental agreement to occupy a residential dwelling unit to the exclusion of others.

9 V.S.A. §4451(8): "Rental Agreement" means all agreements, written or oral, embodying terms and conditions concerning the use and occupancy of a dwelling unit and premises.

A tenancy is created whenever a landlord makes an agreement with someone giving him or her the right to occupy a dwelling unit to the exclusion of others.

• The agreement does not have to be formal; just an understanding that the tenant can reside at the premises.
• The agreement does not have to be in writing
• Rent is not a requirement.

The agreement sometimes can be unspoken. For example, if a roommate moves in without the landlord's express consent but with the landlord's knowledge, and the landlord does not object, the roommate in all likelihood has established his/her own tenancy.

MOBILE HOME TENANTS:

Most mobile home park residents are both owners and renters: they own their homes but rent the land underneath. CVOEO's Mobile Home Program specializes in helping people navigate the unusual situation of being both an owner and a renter. Visit the Mobile Home Program page or call (802) 660-3455 x204 for more information.