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Hilder v. St. Peter, 478 A.2d 202 (1984)

Citation
Hilder v. St. Peter, 478 A.2d 202 (1984)
Parent Document
Hilder v. St. Peter, 478 A.2d 202 (1984)
Jurisdiction
Vermont (state)
Effective Date
1984-02-03
Original Source
https://www.courtlistener.com/opinion/2315224/hilder-v-st-peter/ ↗

Other Sections in This Document (84)

Full Text

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In the instant case, the trial court’s award of damages, based in part on a breach of the implied warranty of habitability, was not a misapplication of the law relative to habitability. Because of our holding in this case, the doctrine of constructive eviction, wherein the tenant must abandon in order to escape liability for rent, is no longer viable. When, as in the instant case, the tenant seeks, not to escape rent liability, but to receive compensatory damages in the amount of rent already paid, abandonment is similarly unnecessary. Northern Terminals, Inc. v. Smith Grocery & Variety, Inc., supra,