riley v. dempsey (2023)

Citation: riley v. dempsey (2023)
Parent Document: riley v. dempsey (2023)
Jurisdiction: Vermont (state)
Effective Date: 2023-11-07
Original Source: https://www.courtlistener.com/opinion/9440801/riley-v-dempsey/ ↗

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The statute defines “normal wear and tear” as “the deterioration which occurs, based upon
the reasonable use for which the rental unit is intended, without negligence, carelessness, accident
or abuse of the premises or equipment or chattels by the tenant or members of his or her household
or their invitees or guests.” 9 V.S.A. § 4451(5). This definition is an implied term of the parties’
rental agreement, under 9 V.S.A. § 4453. It is similar in effect to the expression “ordinary wear and
tear,” which has been held to apply to “gradual deterioration which results from use, lapse of time,
and the operation of the elements.” Drouin v. Wilson, 80 Vt. 335, 343 (1907). Inamore recent case,
the Vermont Supreme Court has upheld an award of damages exceeding “normal wear and tear”
where the tenants’ sons had driven nails and smashed holes in the walls, broken windows and lights,
and heavily scratched a door. Prevo v. Evarts, 146 Vt. 216 (1985).

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