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Terms Used In Vermont Statutes Title 9 Sec. 4459

  • Actual notice: means receipt of written notice hand-delivered or mailed to the last known address. 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
  • Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. 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

§ 4459. Minor defects; repair and deduct

(a) If within 30 days of notice, the landlord fails to repair a minor defect in order to comply with this chapter or a material provision of the rental agreement, the tenant may repair the defect and deduct from the rent the actual and reasonable cost of the work, not to exceed one-half of one month‘s rent. The tenant shall provide the landlord with actual notice of the cost of the repair when the cost is deducted from the rent.

(b) The 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.)