Vermont Statutes Annotated

Vt. Stat. Ann. tit. 09, § 4457 (2026)

✓ current as of May 2026

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Subchapter 002 : RESIDENTIAL RENTAL AGREEMENTS

(Cite as: 9 V.S.A. § 4457)

§ 4457. Landlord obligations; habitability

(a) Warranty of habitability. In any residential rental agreement, the landlord shall be deemed to covenant and warrant to deliver over and maintain, throughout the period of the tenancy, premises that are safe, clean, and fit for human habitation and that comply with the requirements of applicable building, housing, and health regulations.

(b) Waiver. No rental agreement shall contain any provision by which the tenant waives the protections of the implied warranty of habitability. Any such waiver shall be deemed contrary to public policy and shall be unenforceable and void.

(c) Heat and water. As part of the implied warranty of habitability, the landlord shall ensure that the dwelling unit has heating facilities that are capable of safely providing a reasonable amount of heat. Every landlord who provides heat as part of the rental agreement shall at all times supply a reasonable amount of heat to the dwelling unit. The landlord shall provide an adequate amount of water to each dwelling unit properly connected with hot and cold water lines. The hot water lines shall be connected with supplied water-heating facilities that are capable of heating sufficient water to permit an adequate amount to be drawn. This subsection shall not apply to a dwelling unit intended and rented for summer occupancy or as a hunting camp. (Added 1985, No. 175 (Adj. Sess.), § 1.)

Notes of Decisions

Cited in 16 cases (6 in the last 5 years), 1990–2026 · leading case: Willard v. Parsons Hill P'ship, 2005 VT 69 (Vt. 2005).

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Willard v. Parsons Hill P'ship, 2005 VT 69 (Vt. 2005). · cites it 8× “Actual notice is defined as written notice hand-delivered or mailed to the landlord's last known address. Id. § 4451(1).”

Bisson v. Ward, 628 A.2d 1256 (Vt. 1993). · cites it 3× “See 9 V.S.A. §§ 4457 & 4458. Her claim under the Consumer Fraud Act is for unfair or deceptive acts in commerce.”

Brown v. City of Barre, 878 F. Supp. 2d 469 (D. Vt. 2012). · cites it 4× “” 9 V.S.A. § 4457. Vermont’s Rental Housing Health Code states that “every dwelling unit .”

Nepveu v. Rau, 583 A.2d 1273 (Vt. 1990). “9 V.S.A. § 4457(a) and (b); Hilder v. St.”

Timothy Terry & Penny Terry v. William O'Brien & Susan Cain O'Brien, 2015 VT 132 (Vt. 2015). · cites it 2× “They alleged: (1) breach of the oral rental agreement; (2) breach of the warranty of habitability, as set forth in 9 V.S.A. § 4457; (3) breach of the covenant of quiet enjoyment, in violation of 18 V.”

Weiler v. Hooshiari, 2011 VT 16 (Vt. 2011). · cites it 4× “” 9 V.S.A. § 4457(a); Hilder, 144 Vt. at 159 , 478 A.”

McCurley v. Lebeau (Vt. Super. Ct. 2025). · cites it 2× “See 9 V.S.A. §§ 4457, 4458. This conclusion is further supported by Tenant’s decision to remain living on the property for nearly a year after he now claims the apartment was effectively inhabitable.”

Vladyka v. Marsh (Vt. Super. Ct. 2010). · cites it 2× “CONCLUSIONS OF LAW The warranty of habitability is set forth in 9 V.S.A. § 4457(a), which states that “[i]n any residential rental agreement, the landlord shall be deemed to covenant and warrant to deliver over and maintain, throughout the period of the tenancy, premises that…”

Larose v. Amao (Vt. Super. Ct. 2024). “9 V.S.A. § 4457(a) (“In any residential rental agreement, the landlord shall be deemed to covenant and warrant to deliver over and maintain, throughout the period of the tenancy, premises that are safe, clean, and fit for human habitation and that comply with the requirements of…”

Eliason v. Harrison (Vt. Super. Ct. 2018). “It does not decide whether the Property was habitable under 9 V.S.A. § 4457(a) or reach the argument, apparently first raised in the reply, that the Harrisons also violated the CPA by renting a property that did not comply with the warranty of habitability.”

Atwood v. Hill (Vt. Super. Ct. 2024). “9 V.S.A. § 4457(a). In this case, the defendants allege that the leaking roof breach the warranty of habitability.”

Sita v. Meinterth (D. Vt. 2025). “Ms. Sita makes five claims, all under state law.”

Show all 16 citing cases →

— Vt. Stat. Ann. tit. 09, § 4457(a) — 10 cases

Bisson v. Ward, 628 A.2d 1256 (Vt. 1993). “See 9 V.S.A. §§ 4457 & 4458. Her claim under the Consumer Fraud Act is for unfair or deceptive acts in commerce.”

Willard v. Parsons Hill P'ship, 2005 VT 69 (Vt. 2005). “Actual notice is defined as written notice hand-delivered or mailed to the landlord's last known address. Id. § 4451(1).”

Nepveu v. Rau, 583 A.2d 1273 (Vt. 1990). “9 V.S.A. § 4457(a) and (b); Hilder v. St.”

Weiler v. Hooshiari, 2011 VT 16 (Vt. 2011). “” 9 V.S.A. § 4457(a); Hilder, 144 Vt. at 159 , 478 A.”

Timothy Terry & Penny Terry v. William O'Brien & Susan Cain O'Brien, 2015 VT 132 (Vt. 2015). “They alleged: (1) breach of the oral rental agreement; (2) breach of the warranty of habitability, as set forth in 9 V.S.A. § 4457; (3) breach of the covenant of quiet enjoyment, in violation of 18 V.”

— Vt. Stat. Ann. tit. 09, § 4457(c) — 2 cases

Brown v. City of Barre, 878 F. Supp. 2d 469 (D. Vt. 2012). “” 9 V.S.A. § 4457. Vermont’s Rental Housing Health Code states that “every dwelling unit .”

Vladyka v. Marsh (Vt. Super. Ct. 2010). “CONCLUSIONS OF LAW The warranty of habitability is set forth in 9 V.S.A. § 4457(a), which states that “[i]n any residential rental agreement, the landlord shall be deemed to covenant and warrant to deliver over and maintain, throughout the period of the tenancy, premises that…”

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