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Terms Used In Vermont Statutes Title 9 Sec. 4458

  • Actual notice: means receipt of written notice hand-delivered or mailed to the last known address. See
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
  • Landlord: means the owner, lessor, or where applicable, the sublessor of a residential dwelling unit or the building of which it is a part. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Premises: means a dwelling unit, its appurtenances and the building, and the grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant. See
  • Rent: means all consideration to be made to or for the benefit of the landlord under the rental agreement, not including security deposits. See
  • Rental agreement: means all agreements, written or oral, embodying terms and conditions concerning the use and occupancy of a dwelling unit and premises. See
  • Tenant: means a person entitled under a rental agreement to occupy a residential dwelling unit to the exclusion of others. See

§ 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; amended 1999, No. 115 (Adj. Sess.), § 6.)