§ 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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          We further note, as the trial court pointed out, that during trial tenants did not articulate
their post-verdict theory that they were not obligated to pay any rent at all because the premises
was never fully compliant with local and state regulations. At the close of evidence, tenants
sought a directed verdict on landlords’ counterclaim, but only on the basis that landlords
presented insufficient evidence as to the amount of unpaid rent. Tenants did not object to the
trial court’s instructions that, with respect to landlords’ counterclaim, tenants had to establish,
through an affirmative defense, that they withheld rent because: (1) the premises was not in
compliance with the warranty of habitability or with applicable safety codes or regulations; and
(2) landlords were given written notice of the noncompliance but failed to remedy the situation.
Having failed to object to these instructions, tenants waived any post-verdict argument that they
did not have to pay any rent during any period of noncompliance irrespective of whether they or
landlords were aware of the noncompliance or whether rent was withheld due to the
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                                         V. Attorney’s Fees

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