A. The following questions relate to the Vermont Supreme Court decision in Hilder v. St. Peter
1. Who were Ella Hilder and family?
-----single mother,
three children, infant grandchild
2. What were the conditions in the apartment
that led to the lawsuit?
-----see facts p. 1 of
case
3. How did the lower court rule?
What did they order the landlord to pay to Ms. Hilder?
-----return of all rent
paid
-----additional $1500 in compensatory damages
4. In its decision, the Vermont Supreme Court discussed the development of landlord-tenant law from the early common law through modern times. It identified three doctrines that were the foundation of the early common law relationship between landlord and tenant. What do these terms mean?
7. What two standards did the
court
say it would look to in order to determine whether the warranty of
habitability was breached in any given case?
-----"safe,
clean and fit for human habitation" (impact on tenant's safety and
health)
-----complies with applicable housing codes
B. The following questions relate
to the Vermont Landlord-Tenant Act linked from the lecture notes
True or false:
1. A rental agreement between a tenant
and landlord is not binding unless it is written.
-----False
-----4451 (8)
-----if it's written, it's a "lease"
-----note also definition of "normal wear and tear"
2. A landlord may raise the rent
effective
the first day of the rental period following at least 60 days' notice
-----True
-----4455 (b)
3. Landlords are prohibited from
charging
a prospective tenant an application fee.
-----True (1989
amendment)
-----4456a
-----Does it prohibit fee for a credit report?
Probably not--if it's no more than the charge for the credit check
4. If there is no lease, a tenant can
move
out after giving the landlord one rental period notice.
-----True
-----4456 (d)
5. A tenant who violates the terms of a
lease can be evicted on 14 days’ notice.
-----False
-----4467 (b)
6. A tenant can only be evicted for
“cause”
(i.e., violation of the lease or non-payment of rent).
-----False
-----4467 (c) (no lease) and (e) (if there's a lease)
7. A tenant who receives an eviction
notice
for nonpayment of rent can avoid eviction by paying back rent before
the
termination date in the notice.
-----True
-----4467 (a)
-----but only 3 times in 12-month period
Multiple Choice:
1. Included in the warranty of
habitability
is the requirement that the landlord supply
a. a reasonable amount of heat
b. an adequate amount of water
c. both of the
above
d. none of the above, unless they are
required in a building, housing or health regulation
-----4457 (a) - (c)
2. If there is a defect in the
property,
the tenant may repair it and deduct the cost from the rent if
a. the landlord has been given at least
30 days to repair the defect
b. the amount deducted does not exceed
one-half of one month’s rent
c. the tenant provides the landlord with
actual notice of the cost of the repair
d. all of
the above conditions are met
-----4459 (a)
and (b)
3. A landlord may enter the tenant’s
dwelling
a. with or without the tenant’s consent,
as long as the landlord is not acting “unreasonably”
b. only with the tenant’s consent
c. without
consent if he/she reasonably
believes there is imminent danger to any person or property
d. only between the hours of 9 a.m. and
5 p.m.
-----4460
Tina Tenant calls today (Oct. 22) with the following questions. Answer each based on Vermont's landlord-tenant law. Assume she signed a one-year rental agreement (lease) that expires May 31.
1. I haven't paid this month’s rent
yet,
because I'm out of money. My landlord says that if I don't pay it
by the end of the day, he'll turn off my heat. He says he can do
it, because it's in the lease that I signed--which it is. Can he?
-----No
-----4463
-----"illegal" or "self-help" eviction
-----4454
-----"attempt to circumvent"
2. If I move out at the end of the
month,
he says I'm responsible for rent until the end of May, even if he finds
another tenant. Is that true?
-----really an issue of
contract law
-----duty to mitigate damages/"cover"
-----4462 (b)
3. The hot water in our bathrooms
doesn’t
work. I’ve mentioned it to the landlord several times, but he
hasn’t
done anything. What should my next step be?
-----write to health
inspector and/or landord
-----4458
4. When can I expect my security
deposit
to be returned?
-----14 days
-----4461 (c)
5. I know there is some damage to the
apartment.
How will I know if the amount of the deposit that is returned to me is
fair?
-----4461 (c) and (e)
6. The building is for sale and the
landlord
says that if it's sold, I'll have to move, even if my lease hasn't
expired.
Is that true?
-----No
-----4467 (d) where
there is no lease
7. The landlord also says that even if
I pay my back rent, he's going to evict me soon because he wants to
rent
the place to his son. Can he do that? How long will I be able to stay
if
he can?