(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; amended 1999, No. 115 (Adj. Sess.), § 6.)
Willard v. Parsons Hill P'ship, 2005 VT 69 (Vt. 2005). · cites it 15דOn August 11, 1997, counsel for eight tenant families sent a letter to counsel for Parsons Hill Partnership to provide "notice under 9 V.S.A. Section 4458 that Parsons Hill Partnership and Yvonne Rooney are in breach of their obligations for habitability with regard to the water…”
Soon Kwon v. Eaton, 2010 VT 73 (Vt. 2010). · cites it 5ד” Tenants likewise moved for attorney’s fees, citing statutory authority permitting recovery of reasonable costs and attorney’s fees from a landlord who has been found liable for breaching the statutory warranty of habitability, 9 V.S.A. § 4458, and for violating the Consumer…”
Soon K. Kwon v. Eric Edson & Dina Well, 2019 VT 59 (Vt. 2019). · cites it 3דUnder the Residential Rental Agreements Act, when a landlord fails to comply with obligations to ensure habitability, fails to make repairs in a reasonable time once notified, and “the noncompliance materially affects health and safety,” the tenant can, among other things,…”
Bisson v. Ward, 628 A.2d 1256 (Vt. 1993). · cites it 3דAs in Gramatan, the statutory language of 9 V.S.A. § 4458 — tenant may recover — entitles tenants to attorney’s fees where the landlord has breached the warranty of habitability.”
Kellogg v. Shushereba, 2013 VT 76 (Vt. 2013). · cites it 2דSee 9 V.S.A. § 4458. This was not a landlord-tenant relationship, so the statute cited does not apply.”
Nepveu v. Rau, 583 A.2d 1273 (Vt. 1990). · cites it 3דterminate the rental agreement on reasonable notice.”
Gokey v. Bessette, 580 A.2d 488 (Vt. 1990). “2d 202, 209-10 (1984), and under 9 V.S.A. § 4458(a)(1). Plaintiff’s argument that eviction was for the non *564 payment of rent would appertain only if the trier of fact had concluded that there had been no breach of the landlord’s duties.”
Villeneuve v. Beane, 2007 VT 75 (Vt. 2007). “We note that the trial court denied the statutory attorney's fees award to tenants, although they too, were clearly entitled to recover fees after they prevailed on their counterclaim under 9 V.S.A. § 4458. In view of the ultimate result in the case, in which both landlord and…”
Brown v. City of Barre, 878 F. Supp. 2d 469 (D. Vt. 2012). “” 9 V.S.A. § 4458. . The City does not claim that it affords procedural due process to tenants as mere water users and maintains its position that no such process is due based upon the alleged absence of a protected property interest.”
Timothy Terry & Penny Terry v. William O'Brien & Susan Cain O'Brien, 2015 VT 132 (Vt. 2015). · cites it 2דLandlords first argue that the trial court misled the jury to their detriment by instructing the jurors to disregard, with respect to latent defects, the statutory notice requirement contained in 9 V.S.A. § 4458(a). Section 4458(a) sets forth remedies available to tenants when…”
Willard v. Parsons Hill P'ship, 2005 VT 69 (Vt. 2005). “On August 11, 1997, counsel for eight tenant families sent a letter to counsel for Parsons Hill Partnership to provide "notice under 9 V.S.A. Section 4458 that Parsons Hill Partnership and Yvonne Rooney are in breach of their obligations for habitability with regard to the water…”
Soon K. Kwon v. Eric Edson & Dina Well, 2019 VT 59 (Vt. 2019). “Under the Residential Rental Agreements Act, when a landlord fails to comply with obligations to ensure habitability, fails to make repairs in a reasonable time once notified, and “the noncompliance materially affects health and safety,” the tenant can, among other things,…”
Soon Kwon v. Eaton, 2010 VT 73 (Vt. 2010). “” Tenants likewise moved for attorney’s fees, citing statutory authority permitting recovery of reasonable costs and attorney’s fees from a landlord who has been found liable for breaching the statutory warranty of habitability, 9 V.S.A. § 4458, and for violating the Consumer…”
Bisson v. Ward, 628 A.2d 1256 (Vt. 1993). “As in Gramatan, the statutory language of 9 V.S.A. § 4458 — tenant may recover — entitles tenants to attorney’s fees where the landlord has breached the warranty of habitability.”
— Vt. Stat. Ann. tit. 09, § 4458(a)(1) — 6 cases
Soon K. Kwon v. Eric Edson & Dina Well, 2019 VT 59 (Vt. 2019). “Under the Residential Rental Agreements Act, when a landlord fails to comply with obligations to ensure habitability, fails to make repairs in a reasonable time once notified, and “the noncompliance materially affects health and safety,” the tenant can, among other things,…”
Bisson v. Ward, 628 A.2d 1256 (Vt. 1993). “As in Gramatan, the statutory language of 9 V.S.A. § 4458 — tenant may recover — entitles tenants to attorney’s fees where the landlord has breached the warranty of habitability.”
Gokey v. Bessette, 580 A.2d 488 (Vt. 1990). “2d 202, 209-10 (1984), and under 9 V.S.A. § 4458(a)(1). Plaintiff’s argument that eviction was for the non *564 payment of rent would appertain only if the trier of fact had concluded that there had been no breach of the landlord’s duties.”
Nepveu v. Rau, 583 A.2d 1273 (Vt. 1990). “terminate the rental agreement on reasonable notice.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.