§ 4458

Citation: § 4458
Parent Document: Timothy Terry and Penny Terry v. William O'Brien and Susan Cain O'Brien, 2015 VT 132 (2015)
Jurisdiction: Vermont (state)
Effective Date: 2015-10-23
Original Source: https://www.courtlistener.com/opinion/3149019/timothy-terry-and-penny-terry-v... ↗

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           In Hilder, we recognized that our adoption of a common law warranty of habitability,
while not “an abrupt change in Vermont law,” 144 Vt. at 159, 478 A.2d at 208, was in
derogation of the prior common law doctrine of caveat lessee—“that is, the tenant took
possession of the demised premises irrespective of their state of repair.” Id. at 157, 478 A.2d at
207. This fact puts into context why the warranty is limited, as indicated above, in a way that
insulates from liability landlords who are often in the best position to prevent and insure against
latent defects from liability.
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2008 fire. Tenants have not challenged the following statement in the trial court’s post-judgment

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