Riley v. Dempsey (2005)

Citation: Riley v. Dempsey (2005)
Parent Document: Riley v. Dempsey (2005)
Jurisdiction: Vermont (state)
Effective Date: 2005-01-05
Original Source: https://www.courtlistener.com/opinion/4490187/riley-v-dempsey/ ↗

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The statute defines “normal wear and tear” as “the deterioration which occurs, based
upon the reasonable use for which the rental unit is intended, without negligence, carelessness,
accident or abuse of the premises or equipment or chattels by the tenant or members of his or her
household or their invitees or guests.” 9 V.S.A. § 4451(5). This definition is an implied term of
the parties’ rental agreement, under 9 V.S.A. § 4453. It is similar in effect to the expression
“ordinary wear and tear,” which has been held to apply to “gradual deterioration which results
from use, lapse of time, and the operation of the elements.” Drouin v. Wilson, 80 Vt. 335, 343
(1907). In a more recent case, the Vermont Supreme Court has upheld an award of damages
exceeding “normal wear and tear” where the tenants’ sons had driven nails and smashed holes in
the walls, broken windows and lights, and heavily scratched a door. Prevo v. Evarts, 146 Vt.
216 (1985).

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