9 V.S.A. § ___ § 4458
Habitability; tenant remedies
Operative Text
(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 within a reasonable time and the noncompliance materially affects health and safety, the tenant may: (1) withhold the payment of rent for the period of the noncompliance; (2) obtain injunctive relief; (3) recover damages, costs, and reasonable attorney’s fees; and (4) terminate the rental agreement on reasonable notice. (b) Tenant remedies under this section are not available if the noncompliance was caused by the negligent or deliberate act or omission of the tenant or a person on the premises with the tenant’s consent. (Added 1985, No. 175 (Adj. Sess.), § 1; amended 1999, No. 115 (Adj. Sess.), § 6.)
Under 9 V.S.A. ch. 137 § 4458, when a landlord receives actual notice of a habitability problem that materially affects health and safety and fails to make repairs within a reasonable time, tenants gain access to a set of legal remedies. Those remedies include withholding rent for the period of noncompliance, seeking a court order requiring repairs, recovering damages along with costs and reasonable attorney's fees, and terminating the rental agreement on reasonable notice. These remedies are not available, however, when the habitability problem was caused by the negligent or deliberate act or omission of the tenant or someone on the premises with the tenant's consent.
Plain English — not legal advice.
Under 9 V.S.A. ch. 137 § 4458, compliant property operators generally treat any notice of a habitability deficiency — whether it comes from a tenant, a government agency, or a qualified independent inspector — as a prompt trigger for repair action. Operators who document their repair timelines and communications create a record showing that they responded within a reasonable time, which is central to the standard the statute applies. Failing to act after receiving actual notice of a health-and-safety-level deficiency exposes a property owner to rent withholding, injunctive proceedings, damages, attorney's fees, and even lease termination by the tenant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 4458 of Title 9 of the Vermont Statutes gives tenants a meaningful set of options when a landlord receives actual notice of a serious habitability problem and does not make repairs within a reasonable time. Those options can include withholding rent for the period the problem persists, pursuing court-ordered repairs, seeking damages and attorney's fees, or ending the tenancy — though none of these remedies apply if the tenant or a guest caused the problem through negligence or deliberate conduct. Tenants who believe this provision applies to their situation may want to consult a tenant-rights organization, a legal aid office, or a private attorney familiar with Vermont landlord-tenant law to understand which paths are available under the specific circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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