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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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¶ 23. Ultimately, the Legislature did adopt a warranty of habitability provision that was, in virtually all respects, consistent with that part of Hilder that deals with patent defects known to the tenant. In fact, since the statute's enactment we have cited to Hilder as a guide to the statute's proper interpretation in cases involving patent habitability defects. Favreau v. Miller, 156 Vt. 222, 229, 591 A.2d 68, 72-73 (1991) (citing Hilder); Nepveu v. Rau, 155 Vt. 373, 375, 583 A.2d 1273, 1274 (1990) (citing Hilder). The committee's focus was not, however, on the aspect of Hilder allowing for tenant remedies in cases involving latent defects already known to the landlord. This oversight is understandable because, while the latent defect language in the case was important to the common law that we were promulgating, Hilder itself was a case involving patent defects.