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Hilder v. St. Peter

Vermont Supreme Court

478 A.2d 202 (1984)

Relevant factsFree

Hilder (plaintiff) rented an apartment from St. Peter (defendant) and lived there fourteen months with her family despite a broken kitchen window, no functioning front-door lock, a non-functioning toilet, inoperative lighting, water leakage, falling plaster, and leaking sewage, repeatedly complaining and often paying to fix problems herself after St. Peter's repeated unfulfilled promises to repair them; she paid rent the entire time. After moving out, Hilder sued for breach of the implied warranty of habitability, and the trial court awarded her $4,945, including the entire $3,445 in rent paid over the fourteen months plus unitemized additional compensatory damages; St. Peter appealed the damages calculation.

IssueFree

Whether residential leases carry an implied warranty of habitability, and if so, whether a tenant may recover all rent paid along with compensatory and punitive damages for its breach without having vacated the premises.

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