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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bisson v. Ward, 628 A.2d 1256 (1993)

Citation
Bisson v. Ward, 628 A.2d 1256 (1993)
Parent Document
Bisson v. Ward, 628 A.2d 1256 (1993)
Jurisdiction
Vermont (state)
Effective Date
1993-06-11

Other Sections in This Document (64)

Full Text

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Tenant argues that, under the Vermont Residential Rental Agreement Act, the court must award the tenant attorney’s fees when it finds that the landlord has violated the obligation to maintain habitable premises. Although the trial court found that landlords had breached the implied warranty of habitability as well as the statutory warranty of habitability, it concluded, in a separate ruling, that attorney’s fees were not warranted here because tenant had received rent-free housing for a substantial period of time and because its decision had already provided ample reasons for these landlords and others to comply with their obligation to provide clean, safe housing. Tenant maintains that the statute does not give the court discretion in awarding fees; rather, she contends that such an award is mandatory.