mtc vt v warner, No. 25-cv-1707 (Vt. Super. Ct. 2025)

Citation: mtc vt v warner, No. 25-cv-1707 (Vt. Super. Ct. 2025)
Parent Document: mtc vt v warner, No. 25-cv-1707 (Vt. Super. Ct. 2025)
Jurisdiction: Vermont (state)
Effective Date: 2025-07-16
Original Source: https://www.vermontjudiciary.org/media/19222 ↗

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9 V.S.A. § 4451(5); see Mongeon Bay Props., LLC v. Mallets Bay Homeowner’s Ass’n, 2016 VT
64, ¶¶ 33-34, 202 Vt. 434 (determination of normal wear and tear includes lessee’s reasonable
conduct in the circumstances and varies depending on type of property and use thereof). There is
little Vermont caselaw regarding what constitutes normal wear and tear. See, e.g., Prevo v.
Evarts, 146 Vt. 216, 218, 500 A.2d 227, 228 (1985) (following evidentiary hearing, trial court
found that “substantial damage to the apartment,” including walls with “holes smashed in them,”
broken windows, a damaged light, “a door [that] was heavily scratched, and a number of nails
[that] were driven into the walls,” far exceeded “fair wear and tear experienced normally in
rental property”). However, courts in New York have determined that normal wear and tear
includes cleaning dirty appliances and repairing damage to walls, flooring, windows, and blinds,
Camacho v. Paduch, 78 N.Y.S.3d 905, 913 (City Ct. 2018), repainting walls, sanding and
staining floors and replacing appliances, Wood v. Bosch, 213 N.Y.S.3d 842, at *2 (City Ct.
2022), and cleaning a bathroom and windows, spackling and painting walls, and carpet cleaning,
James Bohl, CPA, P.C. v. Poffenbarger, 100 N.Y.S.3d 609, at *1-2 (App. Div. 2018). In finding in favor of Tenant, the Board wrote:

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