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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Willard v. PARSONS HILL PARTNERSHIP, 2005 VT 69 (2005)

Citation
Willard v. PARSONS HILL PARTNERSHIP, 2005 VT 69 (2005)
Parent Document
Willard v. PARSONS HILL PARTNERSHIP, 2005 VT 69 (2005)
Jurisdiction
Vermont (state)
Effective Date
2005-08-05

Other Sections in This Document (143)

Full Text

801 chars
¶ 15. Under Hilder, a complaining tenant has to notify the landlord of the habitability defect and allow a reasonable time for the landlord to correct it prior to suing the landlord for breach of the implied warranty. Id. at 161, 478 A.2d at 209. The notice requirement applies, however, only to defects “not known to the landlord.” Id. (quotations omitted). Thus, Hilder permitted suits for warranty breaches resulting from unrepaired or uncorrected defects that the landlord actually knew of, either (1) because an affected tenant had complained to the landlord about the problem, or (2) because of the landlord’s superior familiarity with, access to, or control over the essential facility where the defect existed. Plaintiffs’ allegations, beginning in 1983, fit squarely into the second category.