Hilder v. St. Peter
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| Hilder v. St. Peter | |
| Court | Vermont Supreme Court |
|---|---|
| Citation | 478 A.2d 202 |
| Date decided | May 4, 1984 |
Facts
- Mrs. Hilder = a tenant in Vermont living in an apartment building
- St. Peter = the landlord
- Hilder always paid her rent on time
- Hilder's apartment was in a state of disrepair
- St. Peter consistently reneged on his promises to carry out repairs
- Hilder was forced to repair the problems at her own expense
Procedural History
- After moving out, Hilder sued St. Peter
- Hilder won in the trial court.
- Hilder was awarded damages which includes all the rent that she had paid while living there.
Issues
- Does a residential lease include an implied warranty of habitability?
- If yes, what damages are available for a breach of the said warranty?
Holding
- Yes. The implied warranty of habitability applies to all residential leases.
- Damages for a breach of warranty can include all rent paid or due, all out-of-pocket expenses paid to repair defects, & in extreme circumstances, punitive damages.
Judgment
Affirmed
Rule
- Traditional rule: caveat lessee
- Modern rule: implied warranty of habitability can't be waived in a lease contract
