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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

fournier v. wood (2024)

Citation
fournier v. wood (2024)
Parent Document
fournier v. wood (2024)
Jurisdiction
Vermont (state)
Effective Date
2024-03-15

Full Text

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As a preliminary matter, there is some discrepancy about the nature of the parties’ lease and
what law applies. While the parties have proceeded under the Vermont Residential Act, that law also
does not appear to apply to the parties’ lease. 9 V.S.A. § 4451. The Vermont Residential Rental Act
applies all “rental agreements,” and its obligations are imposed on “landlords” and “tenants. 9 V.S.A.
§ 4453. These three terms, however, are defined to limit their application to agreements and
relationships where the parties are agreeing to a lease of a “dwelling unit. 9 V.S.A. § 4451(8) (“rental
agreement” is defined to mean an agreement, written or oral, “concerning the use and occupancy of a
dwelling unit and premises.”); 9 V.S.A. § 4451(4) (“landlord” is defined as “the owner, lessor, or
where applicable, the sublessor of a residential dwelling unit); 9 V.S.A. § 4451(10) (“tenant” is
defined to mean “a person entitled under a rental agreement to occupy a residential dwelling unit”)