Vermont landlord repair laws

What your landlord is required to fix, how long they have once you put it in writing, and what Vermont law lets you do if they don't.

What your landlord must maintain

Under 9 V.S.A. § 4457, a landlord must deliver and maintain premises that are safe, clean and fit for human habitation and that comply with applicable building, housing and health regulations, and supply a reasonable amount of heat and adequate hot and cold water — a warranty that may not be waived.

Conditions the statute covers

• ✓No working heat
• ✓No running water
• ✓No hot water
• ✓Electrical system not working or unsafe
• ✓Plumbing not in working order
• ✓Sewage backup or unsanitary conditions
• ✓Air conditioning not working (where supplied)
• ✓Supplied appliances not working — stove, refrigerator
• ✓Unsafe floors, stairs, railings, ceiling, or roof
• ✓Roof, window, or plumbing leak causing damage
• ✓Mold growth
• ✓Rodent or insect infestation
• ✓Common areas unsafe or unsanitary
• ✓No garbage receptacles or removal
• ✓Broken exterior door, window, or lock
• ✓Building or housing code violation

What you can do about it

Once written notice has been given and the statutory period has passed, you may withhold the payment of rent for the period of the noncompliance, obtain injunctive relief, recover damages, costs and reasonable attorney's fees, and terminate the rental agreement on reasonable notice, under § 4458(a) — and repair a minor defect and deduct the cost under § 4459.

Repair-and-deduct limit: under § 4459(a) the deduction for a minor defect may not exceed one-half of one month's rent, and actual notice of the cost must be given when it is deducted. (Shown for a $1,500 monthly rent where the limit depends on rent.)

Retaliation is illegal

9 V.S.A. § 4465 prohibits retaliation against a tenant who has complained to the landlord of a violation, entitles the tenant to damages and reasonable attorney's fees, and creates a rebuttable presumption where a termination follows within 90 days of a governmental notice of noncompliance.

Limits and exceptions

The § 4459 repair-and-deduct remedy reaches only a MINOR defect — a sewage backup, structural failure or collapsed roof is not minor, and that remedy is not available for one. The § 4458 remedies apply where the noncompliance materially affects health and safety.

Common questions

How long does a landlord have to make repairs in Vermont?

Under 9 V.S.A. § 4458(a) you must make repairs within a reasonable time after receiving this notice, and because this noncompliance materially affects health and safety, a reasonable time here is considerably shorter than a month. Separately, under § 4459(a), if a minor defect is not repaired within 30 days of notice, I may repair it and deduct the cost from rent.

Can I withhold rent or repair it myself in Vermont?

Vermont allows repair-and-deduct within limits: under § 4459(a) the deduction for a minor defect may not exceed one-half of one month's rent, and actual notice of the cost must be given when it is deducted. You must give written notice first, and the statutory waiting period must pass before you act.

Can my landlord retaliate if I ask for repairs in Vermont?

9 V.S.A. § 4465 prohibits retaliation against a tenant who has complained to the landlord of a violation, entitles the tenant to damages and reasonable attorney's fees, and creates a rebuttable presumption where a termination follows within 90 days of a governmental notice of noncompliance.

Do I have to put a repair request in writing in Vermont?

Yes — and it is the single most important step. Under 9 V.S.A. §§ 4458, 4459, the landlord's obligations and your remedies run from written notice. A text message or a phone call generally leaves you arguing about whether and when your landlord was told.