§4458. Habitability; tenant remedies

Link to law: http://legislature.vermont.gov/statutes/section/09/137/04458
Published: 2015

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The Vermont Statutes Online



Commerce and Trade






4458. Habitability; tenant remedies

(a) If the

landlord fails to comply with the landlord's obligations for habitability and,

after receiving actual notice of the noncompliance from the tenant, a

governmental entity or a qualified independent inspector, the landlord fails to

make repairs within a reasonable time and the noncompliance materially affects

health and safety, the tenant may:

(1) withhold the

payment of rent for the period of the noncompliance;

(2) obtain

injunctive relief;

(3) recover damages,

costs, and reasonable attorney's fees; and

(4) terminate

the rental agreement on reasonable notice.

(b) Tenant

remedies under this section are not available if the noncompliance was caused

by the negligent or deliberate act or omission of the tenant or a person on the

premises with the tenant's consent. (Added 1985, No. 175 (Adj. Sess.), § 1;

1999, No. 115 (Adj. Sess.), § 6.)