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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

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¶ 14. In Hilder, we concluded that changes in the historical relationship between landlords and tenants necessitated the adoption of an implied requirement, in every residential rental agreement, that the landlord maintain premises that are at all times safe, clean, and fit for human habitation. 144 Vt. at 159, 478 A.2d at 208. We recognized that because of their greater familiarity with the rental units they own and the essential equipment attached to those units, landlords were in a superior position to discover and cure any defects that would affect the safety and fitness for human habitation of their units. Id. at 158, 478 A.2d at 207. We stressed that the warranty of habitability covers all latent and patent defects in the unit's essential facilities, i.e., those that are vital to residential life. Id. at 160, 478 A.2d at 208. This warranty extends to facilities that are controlled by the landlord, including those *1218 that are located in common areas. Id. at 160 n. 2, 478 A.2d at 208 n. 2.