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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Decision at 12-13. 3 Contrary to Landlord’s assertions, the Board did not simply apply its own
view of the reasonableness of the cleaning and repair fees. Rather, the Board based its decision
on the checklist, which it afforded considerable weight since it was completed
contemporaneously, and the parties’ testimony concerning the condition of the unit. It noted that
the parties’ descriptions of the unit at the end of the lease term were not consistent, leaving it to
rely on the move in/move-out checklist. The move-out checklist “noted simply that most rooms
needed minor drywall repairs or paint touchups,” which supported Tenant’s position and
testimony. Decision at 11. The Board found that Landlord should not have deducted costs
required to repaint toe kicks, or stair risers: “As the name ‘toe kick’ implies, there is nothing
inherently abusive in allowing a booted toe to make contact with the vertical alignment of a
stair.” Id.

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