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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Showing 21–40 of 59 results

Gokey v. Bessette, 580 A.2d 488 (1990)

Gokey v. Bessette, 580 A.2d 488 (1990) Vermont state

(a) A landlord of a residential dwelling unit may not retaliate by establishing or changing terms of a rental agreement or by bringing or threatening to bring an action against a tenant who:

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

(a) A landlord of a residential dwelling unit may not retaliate by establishing or changing terms of a rental agreement or by bringing or threatening to bring an action against a tenant who:

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

(a) A landlord of a residential dwelling unit may not retaliate by establishing or changing terms of a rental agreement or by bringing or threatening to bring an action against a tenant who:

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...The making of repairs does not provide any support for the conclusion that the landlords no longer had a motive to retaliate. In the absence of other evidence, the *96contrary is true because the landlords have suffered a detriment, and...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...The making of repairs does not provide any support for the conclusion that the landlords no longer had a motive to retaliate. In the absence of other evidence, the contrary is true because the landlords have suffered a detriment, and...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...Although it was the tenants’ burden to prove retaliation, they more than made out their prima facie ease by the objective facts surrounding the first notice to quit and the subsequent disagreements over repairs. The trial court agreed that the...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...Although it was the tenants' burden to prove retaliation, they more than made out their prima facie case by the objective facts surrounding the first notice to quit and the subsequent disagreements over repairs. The trial court agreed that the...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...The presumption of retaliation provision was not revived in the version of H. 339 finally-enacted by the General Assembly. 1985, No. 175 (Adj. Sess.), § 1.

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...The presumption of retaliation provision was not revived in the version of H. 339 finally enacted by the General Assembly. 1985, No. 175 (Adj.Sess.), § 1.

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...I agree with the tenants that, on the face of the record and the facts as found by the trial court, the conclusion was inescapable that the landlords sought eviction in retaliation for complaints filed by the tenants. Therefore, I...

stephens v gilmour, No. 24-cv-4273 (Vt. Super. Ct. 2025)

stephens v gilmour, No. 24-cv-4273 (Vt. Super. Ct. 2025) Vermont state

...as a party as part of her retaliation counterclaim. Notwithstanding, these facts are not relevant to the retaliation claim for two important reasons. First, Defendant did not include service on her daughter as part of her November 11, 2024, counterclaim...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

Tenants urge this Court to read into Vermont’s retaliatory eviction statute a presumption of retaliation or some other burden shifting provision. The legislative history of the statute, however, does not support their contention. The first draft of the legislation...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...I agree with the tenants that, on the face of the record and the facts as found by the trial court, the conclusion was inescapable that the landlords sought eviction in retaliation for complaints filed by the tenants. Therefore, I...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

Tenants urge this Court to read into Vermont's retaliatory eviction statute a presumption of retaliation or some other burden shifting provision. The legislative history of the statute, however, does not support their contention. The first draft of the legislation...

Atwood v. Hill (2024)

Atwood v. Hill (2024) Vermont state

...The defendants brought a counterclaim against the plaintiff alleging retaliation, discrimination, habitability, intentional infliction of emotional distress, violation of the consumer fraud act, and failure to return the security deposit. The court held a final hearing in this matter on...

Northgate Hous. Ltd. v. White (2004)

Northgate Hous. Ltd. v. White (2004) Vermont state

7 Residents was retaliating through the eviction proceeding because Northgate Residents was not in a position to evict the Whites. And because the court has dismissed the ultra vires claim, all claims against Northgate Residents have been dismissed. The court...

rogers v rogers, No. 25-cv-2185 (Vt. Super. Ct. 2025)

rogers v rogers, No. 25-cv-2185 (Vt. Super. Ct. 2025) Vermont state

...With his answer, Steven has asserted counterclaims styled as illegal eviction, financial exploitation of a vulnerable adult, retaliation, consumer fraud, and for betterments.

Gokey v. Bessette, 580 A.2d 488 (1990)

Gokey v. Bessette, 580 A.2d 488 (1990) Vermont state

...respond that the events, taken as a whole, amply support the court’s conclusion that the eviction was in retaliation for notification of the health officer. We agree. The trial court found that plaintiff had failed to comply with his...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...at least thirty days before the termination date specified in the notice; and (2) the attempted eviction was in retaliation for tenants’ actions in reporting health and safety code violations and other lawful activity by tenants to enforce landlords’ obligation...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...at least thirty days before the termination date specified in the notice; and (2) the attempted eviction was in retaliation for tenants' actions in reporting health and safety code violations and other lawful activity by tenants to enforce landlords' obligation...