Greene v. Rainbow Properties, Ltd., 145 Vt. 576 (1985)

Citation: Greene v. Rainbow Properties, Ltd., 145 Vt. 576 (1985)
Parent Document: Greene v. Rainbow Properties, Ltd., 145 Vt. 576 (1985)
Jurisdiction: Vermont (state)
Effective Date: 1985-05-03
Original Source: https://www.courtlistener.com/opinion/8208754/greene-v-rainbow-properties-ltd/ ↗

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This case is to be distinguished from one in which a residential landlord attempts self-help eviction after a non-r breaching tenant fixes faults in essential • services that the *581landlord had failed, to repair. See Birkenhead v. Coombs, 143 Vt. 167, 172, 465 A.2d 244, 247 (1983) (employing diminished -value approach as measure of damages where duty of tenant to pay rent is coextensive with’ landlord’s duty to maintain residential premises in habitable condition); see also Hilder v. St. Peter, 144 Vt. 150, 158-59, 161, 478 A.2d 202, 208, 209 (1984) (recognizing residential leases essentially as contracts subject to standard contract remedies). Here, a commercial lease agreement provided for monthly payment of rent “without offset, setoff, or deduction for any reason.” Operation of the commercial lease’s covenant of quiet enjoyment was expressly conditioned upon plaintiff’s payment of rent.

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