We've always had good luck with the Superstore in Williston.

Sorry, squatter is probably the wrong term given it has an existing legal meaning. They're still legal tenants that have tenant's rights. The landlord would need to go through the proper eviction process.

If the person doesn't leave, the unfortunate reality is that you have no legal claim to the rental as you never officially took possession. It would be on the landlord to get them out.

You might have a claim against the landlord for failing to provide the product (apartment) in the contract (lease), but that would probably also have to go to court. You would most likely lose if you accept the deposit back.

Work on a backup plan as both could take months to resolve.

And when all of their stuff on the sidewalk is stolen, they can come sue you for property value and emotional distress. Right or wrong, the law is in the squatter's favor here.

Which is exactly the point behind the law. It incentivizes the landlord to do the legwork before running the check.

As a landlord, I get your point. We eat the cost of the background/credit check every time we turn over a unit. That’s why we do showings first, take applications, and call references before running those checks.

Also if you are a landlord that is doing $1k worth of background checks to rent a unit, you’re doing something wrong. Even the most expensive check I could find from Transunion’s SmartMove Service is $42. You’d be running roughly 24 checks to spend that $1,000.

The intent of the law as stated by its authors is that all fees were included under the statute. Given that the statute is current law, background and credit check fees are already illegal. The point of this petition is not to change the law, but merely to remove the ambiguity in the current language.

The following is a petition to the Vermont Legislature targeting members of either the House Committee on General, Housing, & Military Affairs or the Senate Committee on Economic Development, Housing, & General Affairs.

9 V.S.A. § 4456a states that "A landlord or a landlord's agent shall not charge an application fee to any individual in order to apply to enter into a rental agreement for a residential dwelling unit."

There are competing interpretations of this law on whether or not background check fees or credit check fees are included in this statute. Many argue that passing on the direct cost of a background or credit check is permissible; however, some property managers charge such a fee to put you on their waiting list and never run the check.

Vermont Legal Aid advises that it is their belief that these fees are included in the intent of 9 V.S.A. § 4456a and illegal under Vermont Law, but that challenging them could prevent a landlord from renting to you.

This petition asks that the Vermont Legislature amend 9 V.S.A. § 4456a to clarify its intent:

"A landlord or a landlord's agent shall not charge any fee, including application fees and/or background or credit check fees, to any individual in order to apply to enter into a rental agreement for a residential dwelling unit."

Sign the petition here.