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When the Landlord Will Not Fix It

9 V.S.A. § 4458 — after notice and a reasonable time, a tenant may withhold rent for a defect that materially affects health and safety

Every residential rental carries a warranty that the premises are safe, clean and fit to live in, and meet building, housing and health rules, for the whole tenancy. It cannot be waived, and it includes heating that can safely give a reasonable amount of heat and adequate hot and cold water.

  • 9 V.S.A. § 4457
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If the landlord, after actual notice from the tenant, a government body or a qualified inspector, does not repair within a reasonable time, and the problem materially affects health and safety, the tenant may:

  • 9 V.S.A. § 4458
  • Withhold rent for the period of the noncompliance.
  • Get an injunction, or recover damages, costs and attorney's fees.
  • End the rental agreement on reasonable notice.
  • 9 V.S.A. § 4458

Minor defects: repair and deduct. If the landlord does not fix a minor defect within 30 days of notice, the tenant may repair it and deduct the actual, reasonable cost, up to one-half of one month's rent, giving the landlord actual notice of the cost.

  • 9 V.S.A. § 4459
Sources for this section (3)
  1. 9 V.S.A. § 4457 — Landlord obligations; habitability
  2. 9 V.S.A. § 4458 — Habitability; tenant remedies
  3. 9 V.S.A. § 4459 — Minor defects; repair and deduct

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Vermont attorney.

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