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Overview
Vermont does not have specific state-level mold legislation. However, mold issues in rental properties are addressed through the implied warranty of habitability codified at 9 V.S.A. 4457 and the Residential Rental Housing Health and Safety Code, which requires rental dwellings to be maintained free from excessive moisture and visible mold growth. The Vermont Supreme Court established strong tenant protections in the landmark case Hilder v. St. Peter (1984), which recognized the implied warranty of habitability in all residential leases. The Division of Fire Safety enforces the Rental Housing Health Code on a complaint-driven basis. [Vermont Residential Rental Housing Health and Safety Code - Section 10.3]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
Tenants have the right to rental premises that are safe, clean, and fit for human habitation. This includes premises free from excessive moisture and visible mold growth that could affect health and safety. The landlord must maintain these conditions throughout the entire tenancy.
Right to Request Repairs
Tenants have the right to notify their landlord in writing of any conditions that violate habitability standards and request repairs. Upon receiving notice, the landlord must take corrective action within a reasonable time. If the landlord fails to make repairs, tenants may pursue additional remedies under 9 V.S.A. 4458.
Landlord Responsibilities
Maintain Habitable Conditions
Landlords must deliver and maintain premises that are safe, clean, and fit for human habitation throughout the entire tenancy. This includes compliance with all applicable building, housing, and health regulations, including the Residential Rental Housing Health and Safety Code.
Prevent Excessive Moisture and Mold
Under the Residential Rental Housing Health and Safety Code, landlords must maintain rental dwellings free from the regular or periodic appearance of standing water or excessive moisture which may result in visible mold growth. This includes ensuring proper ventilation and addressing water intrusion issues.
[Vermont Residential Rental Housing Health and Safety Code - Section 10.3]
Remedies Available to Tenants
Rent Withholding
Available: Tenants may withhold rent under 9 V.S.A. 4458 when: (1) the landlord fails to comply with the rental agreement or the warranty of habitability under 9 V.S.A. 4457; (2) the noncompliance materially affects health and safety; (3) the tenant has given the landlord actual notice of the noncompliance; and (4) the landlord has had a reasonable time to remedy the issue. This remedy is not available if the noncompliance was caused by the tenant or someone on the premises with the tenant's consent. Vermont Tenants recommends consulting with a lawyer before withholding rent.
Repair and Deduct
Available: Under 9 V.S.A. 4459, tenants may repair minor defects and deduct costs when: (1) the landlord fails to repair a minor defect within 30 days of receiving notice; (2) the deduction does not exceed one-half of one month's rent; (3) the tenant notifies the landlord of the repair costs when deducting from rent; and (4) the noncompliance was not caused by the tenant or someone on the premises with the tenant's consent. This remedy applies to minor defects; for more serious habitability issues affecting health and safety, tenants should consider the remedies under 9 V.S.A. 4458.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Vermont
Understanding Vermont's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Humid Summers and Cold Winters
Vermont has a humid climate with cold, damp winters that make homes particularly susceptible to moisture buildup. Mold lurks in many Vermont homes, capitalizing on the state's humid summer climate to grow and spread. Summer humidity provides the moisture that mold spores need, making indoor air quality management essential.
Top 10 for Mold Concerns
Vermont has a mold index of 32.61 and appears in the top 10 states for mold concerns according to national rankings. All Northeast states appear in the top 60% of mold susceptibility. Vermont's combination of coastal-influenced weather and cold, damp winters makes homes particularly susceptible to moisture buildup.
Source: American Home Shield - States With the Moldiest Homes
Climate Change Health Impacts
Changes in temperature and precipitation are expected to increase pollen and mold growth in Vermont. Due to the local climate, pollen and mold are common in Vermont. Climate change projections suggest these allergens will become more prevalent as conditions change.
Older Housing Stock
The age of buildings is a significant risk factor for indoor mold growth. Buildings of older construction (before central air conditioning and energy-efficient building methods) are more susceptible to moisture issues. As homes age, leaks and insufficient ventilation can worsen mold problems.
Vermont Healthy Homes Program
The Vermont Healthy Homes Program addresses mold, lead, allergens, asthma, carbon monoxide, and other home health issues. Vermont's rental code specifically requires dwellings to be maintained free from standing water or excessive moisture that may result in visible mold growth.
Common Mold Types in Vermont
Vermont's humid summers, cold damp winters, and aging housing stock create year-round mold challenges. Climate change is increasing both humidity and precipitation, worsening mold risk. Tightly insulated energy-efficient homes can trap moisture without proper ventilation.
Cladosporium
Most common mold in Vermont. Thrives in cool, damp conditions typical of Vermont summers and poorly ventilated basements. Major allergen.
Aspergillus
Common in Vermont homes with moisture issues, particularly in basements and attics. Found in HVAC systems and water-damaged buildings.
Penicillium
Found in water-damaged Vermont homes, especially older buildings with plumbing leaks. Grows on wallpaper, carpet, and insulation.
Stachybotrys chartarum (Black Mold)
Develops in chronically wet conditions. Found in Vermont homes with persistent leaks or flooding damage. Produces mycotoxins linked to serious respiratory issues.
Mold Professional Requirements in Vermont
Implied Warranty of Habitability
Vermont recognizes an implied warranty of habitability for all residential rentals under 9 V.S.A. 4457. Landlords are required to deliver and maintain premises that are safe, clean, and fit for human habitation throughout the entire tenancy. This warranty cannot be waived by any provision in the rental agreement, and any such waiver is deemed contrary to public policy and unenforceable. The warranty covers all latent and patent defects in essential facilities vital to residential use, including issues like mold that may render premises unsafe or unsanitary. The 1984 Vermont Supreme Court decision in Hilder v. St. Peter established that tenants can seek reimbursement of rent paid and additional damages without needing to abandon the premises when the warranty is breached. [Vermont Legislature - 9 V.S.A. 4457 Landlord Obligations; Habitability]
Mold Disclosure Requirements
Local Regulations
Some cities in Vermont have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Vermont mold law details.
Burlington, VT
Local mold risks, prevention priorities, and next steps for Burlington.
South Burlington, VT
Local mold risks, prevention priorities, and next steps for South Burlington.
Rutland, VT
Local mold risks, prevention priorities, and next steps for Rutland.
Essex, VT
Local mold risks, prevention priorities, and next steps for Essex.
Colchester, VT
Local mold risks, prevention priorities, and next steps for Colchester.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Vermont.
USDA Section 504 Home Repair Program
Provides loans and grants to very low-income homeowners in rural Vermont for essential repairs including mold remediation.
Eligibility: Very low-income homeowners in rural areas (below 50% AMI). Grants limited to homeowners age 62 or older.
Coverage: Loans: up to $50,000 at 1% interest. Grants: up to $10,000.
Phone: 1-800-670-6553Learn More →
Vermont Housing Conservation Board
Supports affordable housing rehabilitation projects across Vermont, which may include addressing mold and moisture issues.
Eligibility: Income-eligible Vermont homeowners and housing organizations
Phone: 802-828-3250Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Vermont have specific mold laws for rental properties?
No, Vermont does not have specific state-level mold legislation. However, mold issues are addressed through the implied warranty of habitability under 9 V.S.A. 4457 and the Residential Rental Housing Health and Safety Code, which requires rental dwellings to be maintained free from excessive moisture and visible mold growth. If mold renders premises unsafe or unsanitary, it may constitute a breach of the warranty of habitability.
What should I do if I discover mold in my Vermont rental?
Document the mold with photographs and notify your landlord in writing immediately, keeping a copy of all correspondence. Under the Residential Rental Agreements Act, landlords must be given actual notice and a reasonable time to remedy habitability issues. If the landlord fails to address the problem, you may file a complaint with the Vermont Division of Fire Safety at (802) 479-7561 or pursue remedies under 9 V.S.A. 4458, including rent withholding, repair and deduct, or lease termination.
Can I withhold rent for mold problems in Vermont?
Yes, Vermont tenants may withhold rent under 9 V.S.A. 4458 when the landlord fails to maintain habitability and the noncompliance materially affects health and safety. You must first give the landlord actual notice and a reasonable time to remedy the issue. This remedy is not available if the mold was caused by your own actions. Vermont Tenants recommends consulting with a lawyer before withholding rent.
Official Resources
These official resources can help you understand your rights and take action: