' The written lease indicates the lease ends on March
1, 2023. The court presumes this was an error and the parties intended the
original lease to end on March 1, 2024.
?
There was testimony regarding rent being prorated for December as the defendants did not move in until December 2023.
The court's calculation runs from December 15, 2023 through June 15, 2024.
Order Page 1 of 8
24-CV-01091 Kaylee Atwood v. Leland Hill, Jr. et al
After the defendants vacated the property in June, the plaintiff observed damages to the property
that had not been there prior to the tenancy. This included damage to a wooden floor, damage to the attic
space, damages to drywall in a ceiling, damages to a wall in the kitchen, and holes in the wall on the third
floor. In addition, plaintiff received a $900 water bill for a spigot that was left on. Plaintiff spent $100 on
flea bombing the property, $50 for trash removal, and $2,000 for having some of the drywall repaired.
Plaintiff is seeking $61,117.96 in damages for property damage, trash removal, unauthorized
painting, back rent, late fees, service fees, emotional distress, harassment, and loss of usage.
Plaintiff testified that after the defendants vacated the property, she sent notice to the defendants
that she was keeping the security deposit due to the damage to the property. Defendants testified they
never received a copy of the notice and plaintiff did not submit a copy of the notice at the hearing.
Prior to renting the property to the defendants, plaintiff told the defendants that there was a leak in
the roof. Plaintiff did not have the roof fixed prior to renting the property to the defendants. Ex. A.
Because the defendants did not move in until December 15, 2023, the parties discussed signing a new
lease. Ex. D. The parties, however, never wrote or signed an amended lease. When the lease was signed,
plaintiff was under the impression that the only tenants would be Mr. Hill, Ms. MacJarrett, and a baby.
Additional children resided at the property and the plaintiff sent Mr. Hill a text message saying, “And you
didn’t mention u had all these kids it was suppose to be u and ur gf and the baby. Start looking for
another place. Once your gone I will work on the place.” Ex. G.
During the written lease agreement prohibiting pets, plaintiff knew that the defendants had dogs
on the property and even asked the defendants if they wanted another dog. Ex. E.
Prior to the defendants moving in, Mr. Hill did some work on the plumbing at the property in
order for the defendants to reside there. Mr. Hill testified that prior to moving in, there was garbage
everywhere, dog feces on the wall, holes in the floor, no running water, and the heating system needed
servicing. Plaintiff testified the house was livable when the defendants moved in. On January 1, 2024, the
defendants informed the plaintiff that the stove was not working. Ex. J. The plaintiff provided the
defendants a replacement stove.
Defendants are seeking double damages for plaintiff’s failure to return their security deposit,
$5,630 in damages from the plaintiff’s testimony in a separate matter, triple damages for a violation of the
consumer fraud act, $5,000 for retaliation, $5,000 for discrimination, $5,000 for intentional infliction of
emotional distress, and $5,000 for health and safety violations for the leaking roof and plaintiff’s refusal to
fix it.
Conclusions of Law
Plaintiff’s Claims
This action is governed by the requirements and terms of Vermont’s Residential Rental
Agreements Act, 9 V.S.A. § 4451 et seq. A “landlord may terminate a tenancy for nonpayment of rent by
providing actual notice to the tenant of the date on which the tenancy will terminate.” 9 V.S.A. § 4667(a).
Actual notice is defined as “receipt of written notice hand-delivered or mailed to the last known address. A
rebuttable presumption that the notice was received three days after mailing is created if the sending party
proves that the notice was sent by first-class or certified U.S. mail.” 9 V.S.A. § 4451(1). The date of
termination shall be at least 14 days after the date of actual notice and at least 30 days after the date of
actual notice if the property is a covered property under the federal CARES act. 9 V.S.A. § 4467(a); 15