Showing 21–40 of 44 results
...The home required extensive cleaning and repairs to make it habitable again.
[I]t would appear that each original purchaser would be entitled to have all of the common elements repaired completely if there is shown a breach of an implied warranty of habitability.... We have difficulty discerning how we could separate...
...The landlord was under no duty to render the premises habitable unless there was an express covenant to repair in the written lease.
...The landlord was under no duty to render the premises habitable unless there was an express covenant to repair in the written lease.
...Defendants remained on the premises during this period, after the sewer line repair had been completed. None of defendants’ theories apply to this period of occupancy. The violation of the implied warranty of habitability was addressed by the forgiveness of...
3 (a) If the landlord fails to comply with the landlord’s obligations for habitability and, after receiving actual notice of the noncompliance from the tenant, a governmental entity or a qualified independent inspector, the landlord fails to make repairs...
...The trial court found that plaintiff had failed to comply with his duty to provide a habitable dwelling. Consequently, the withholding of the rent, which occurred after four months of inaction by plaintiff and prior to the repair, was allowable...
...Goodwin agreed to perform some repairs. They further agreed that if Landlord violated ¶ 1 or otherwise violated the Warranty of Habitability, Tenants’ waiver of past claims was cancelled. Thereafter, Mr. Goodwin did the work agreed upon.
1 In Hilder, we recognized that our adoption of a common law warranty of habitability, while not “an abrupt change in Vermont law,” 144 Vt. at 159, 478 A.2d at 208, was in derogation of the prior common law...
...Nonetheless, the court concluded that they could not prevail because they could not show that defendants “fail[ed] to make repairs within a reasonable time,” or that the contaminated water system “materially affeet[ed] the health and safety” of the...
...Nonetheless, the court concluded that they could not prevail because they could not show that defendants "fail[ed] to make repairs within a reasonable time," or that the contaminated water system "materially affect[ed] the health and safety" of the...
...With or without a subsequent retaliatory eviction, that emotional injury was complete when the septic system was finally repaired on June 17, 1986. The retaliatory eviction followed the withholding of the June 1st rental payment and caused an entirely different...
...comply with the landlord’s obligations for habitability and, after receiving actual notice of the noncompliance from the tenant, a governmental entity or a qualified independent inspector, the landlord fails to make repairs within a reasonable time and the noncompliance...
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...
...Before the adoption of the implied warranty of habitability in residential rental agreements, the common law recognized the harshness of the caveat lessee doctrine with respect to latent defects known to the landlord. R. Schoshinski, American Law of Landlord and...
...Before the adoption of the implied warranty of habitability in residential rental agreements, the common law recognized the harshness of the caveat lessee doctrine with respect to latent defects known to the landlord. R. Schoshinski, American Law of Landlord and...
...First, over plaintiff’s objection, the trial court refused to instruct the jury that landlord liability for personal injury could be based upon a breach of the implied warranty of habitability, regardless of the landlord’s negligence. Second, plaintiff claims...
...First, over plaintiff's objection, the trial court refused to instruct the jury that landlord liability for personal injury could be based upon a breach of the implied warranty of habitability, regardless of the landlord's negligence. Second, plaintiff claims...
...of the Resident, *218a member of the Resident’s household, or guests, the Resident agrees to pay... [t]he cost of all repairs ... [and] [r]ent for the period the unit is damaged, whether or not the unit is habitable.”
...economic loss resulting from costs to replace or repair structural defects to residences were not recoverable under negligent construction theory, but would support claim for breach of implied warranty of habitability); Redarowicz v. Ohlendorf, 441 N.E.2d 324, 326...