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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Favreau v. Miller, 591 A.2d 68 (1991)

Citation
Favreau v. Miller, 591 A.2d 68 (1991)
Parent Document
Favreau v. Miller, 591 A.2d 68 (1991)
Jurisdiction
Vermont (state)
Effective Date
1991-03-29

Other Sections in This Document (106)

Full Text

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144 Vt. at 157, 478 A.2d at 206-07 (citations omitted). Hilder discarded the antiquated concepts: "`The modern view favors a new approach which recognizes that a lease is essentially a contract between the landlord and the tenant wherein the landlord promises to deliver and maintain the demised premises in habitable condition and the tenant promises to pay rent for such habitable premises.'" Id. at 158-59, 478 A.2d at 208 (quoting Boston Housing Authority v. Hemingway, 363 Mass. 184, 198, 293 N.E.2d 831, 842 (1973)). We concluded that "in the rental of any residential dwelling unit an implied warranty exists in the lease, whether oral or written, that the landlord will deliver over and maintain, throughout the period of the tenancy, premises that are safe, clean and fit for human habitation." Id. at 159, 478 A.2d at 208. The tenant must only notify the landlord of the deficiency and allow a reasonable time for its correction. Id. at 161, 478 A.2d at 209.