rogers v rogers, No. 25-cv-2185 (Vt. Super. Ct. 2025)

Citation: rogers v rogers, No. 25-cv-2185 (Vt. Super. Ct. 2025)
Parent Document: rogers v rogers, No. 25-cv-2185 (Vt. Super. Ct. 2025)
Jurisdiction: Vermont (state)
Effective Date: 2025-12-11
Original Source: https://www.vermontjudiciary.org/media/19666 ↗

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To be clear, he did not even expressly determine that there has ever been a rental
agreement between the parties subject to the Residential Rental Agreements Act, 9 V.S.A. §§
4451–4475. The Act expressly does not apply to the “occupancy of a dwelling unit without right
or permission by a person who is not a tenant.” 9 V.S.A. § 4452(a)(9) (emphasis added). A
tenant is “a person entitled under a rental agreement to occupy a residential dwelling unit to the
exclusion of others.” 9 V.S.A. § 4451(10). A rental agreement “means all agreements, written
or oral, embodying terms and conditions concerning the use and occupancy of a dwelling unit
and premises,” id. § 4451(8), that contemplates the payment of rent, which includes “all
consideration to be made to or for the benefit of the landlord under the rental agreement, not
including security deposits,” id. § 4451(7). The Act thus applies when there is a contract
between a landlord and a tenant in which the tenant pays rent in exchange for the right to
exclusive occupancy of a dwelling unit and premises.

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