Vermont Statewide Rule
Vermont Implied Warranty of Habitability (9 V.S.A. §§ 4457–4459)
Key Facts
- Standard
- Safe, clean, fit for human habitation
- Code compliance
- Building, housing, and health regulations
- Waiver
- Void and unenforceable
- Repair and deduct cap
- One-half of one month's rent (§ 4459)
- Statute
- 9 V.S.A. §§ 4457, 4458, 4459
Summary
Vermont law implies a warranty of habitability in every residential lease. Under 9 V.S.A. § 4457 the landlord must deliver and maintain premises that are safe, clean, and fit for human habitation and comply with applicable building, housing, and health codes. Tenants may withhold rent or repair and deduct.
(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.
Full Breakdown
Under 9 V.S.A. § 4457(a), the landlord "shall 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." The landlord must also supply adequate heat and water connected to hot and cold lines. Any waiver of this warranty is void as against public policy. If the landlord fails to comply after notice, § 4458 lets the tenant withhold rent for the period of noncompliance, obtain injunctive relief, recover damages, costs, and attorney's fees, or terminate on reasonable notice. Section 4459 permits repair-and-deduct up to one-half of one month's rent for minor defects unrepaired 30 days after notice.
Violations & Penalties
No fixed statutory fine. After notice and a failure to repair, a tenant may withhold rent for the period of noncompliance, repair and deduct up to one-half month's rent, recover damages, costs and attorney's fees, seek injunctive relief, or terminate the agreement (§§ 4458–4459).
Frequently Asked Questions
Does Vermont require rentals to be habitable?
What can a Vermont tenant do if the landlord won't make repairs?
Sources
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