Eliason v. Harrison (2018)

Citation: Eliason v. Harrison (2018)
Parent Document: Eliason v. Harrison (2018)
Jurisdiction: Vermont (state)
Effective Date: 2018-06-26
Original Source: https://www.courtlistener.com/opinion/10026732/eliason-v-harrison/ ↗

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        The question here is whether it is a deceptive practice to rent a property that does not
comply with rental regulations. By offering a property to rent, landlords impliedly represent to
tenants that the property is in compliance with the law. Bisson v. Ward, 160 Vt. 343, 351 (1993).
Thus where landlords rented an apartment they knew was in violation of health and safety codes
and for which they had not obtained a certificate of occupancy, the court found the landlords
committed “a deceptive act by renting an apartment that was in violation of law.” Id.; see also
L’Esperance v. Benware, 2003 VT 43, ¶¶ 12-16, 175 Vt. 292 (citing Bisson in affirming
summary judgment in tenants’ favor on liability for rental that was in violation of health and
safety codes due to contaminated water and electrical and structural deficiencies).

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