9. What if my landlord isn’t fixing problems in the apartment?
All residential leases in Vermont are subject to an implied warranty of habitability. The warranty of habitability cannot be waived and requires a landlord to keep the leased property in a sanitary, safe and habitable condition. If you believe the warranty of habitability has been breached, notify your landlord by registered mail, return receipt requested, of the defects that need to be fixed. Contact your local Town Health Officer, DPS, and ANR, as applicable. If the landlord fails to correct the defects in a reasonable period of time, contact an attorney.
10. My landlord told me to move out the next day because he wants the apartment for his daughter who lost her house in the disaster, and told me if I wasn’t out, he’d change the locks. Do I have to move?
Your landlord must serve you with notice of his intent to terminate your tenancy. The amount of notice your landlord gives you depends on the reason being given for the termination. For instance, if you have not been paying your rent, your landlord is only required to give you 30 days notice. If you do not vacate the rental unit by the termination date specified in the notice, your landlord can file an ejectment proceeding in court. This is the only way to terminate a tenancy where the tenant is unwilling to leave voluntarily. If your landlord does lock you out, you can call the police, and you should consult a lawyer regarding an action for damages.
11. Can I sue my landlord for injuries I suffered in my apartment or office during the disaster?
Where the injury results from the disaster itself and not from defects in the premises, there is no liability of the landlord for such injuries. However, the tenant may recover for injuries suffered where the injury was due to the landlord’s failure to properly maintain common areas of the property before the disaster. One example of this would be if the tenant was injured while attempting to escape from the property during the disaster and was hurt because the common fire escape was not in a safe condition even before the disaster began. If the injury results from the disaster itself, the landlord has no liability for your injuries.
12. What can happen and what should I do if I cannot pay the rent on my dwelling because of job or salary interruptions following the disaster?
Apply for Disaster Unemployment Assistance if you became unemployed as a result of the disaster, or if you were unable to work in your self-employment position.
13. What should I do if I am served with an eviction lawsuit? 74
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