mtc vt v warner, No. 25-cv-1707 (Vt. Super. Ct. 2025)

Citation: mtc vt v warner, No. 25-cv-1707 (Vt. Super. Ct. 2025)
Parent Document: mtc vt v warner, No. 25-cv-1707 (Vt. Super. Ct. 2025)
Jurisdiction: Vermont (state)
Effective Date: 2025-07-16
Original Source: https://www.vermontjudiciary.org/media/19222 ↗

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The Court concludes that the evidentiary record supports the Board’s decision. The
Board did not err in determining that pin/nail holes in walls, scuff marks on baseboards or walls,
and rubber marks on stair risers constitute normal wear and tear arising out of Tenant’s
reasonable use of the premises. As the Board noted, landlords should reserve some of the money
they collect in rents to make the units ready for the next tenant. Decision at 12; see also
Hamilton v. Bosko, 41 N.Y.S.3d 690, 692 (City Ct. 2016) (“The landlord must anticipate that
when the tenancy ends some of that money he collected will have to be used to make the
apartment ready for the next tenant.”). Moreover, the Board was not bound by Landlord’s
characterization of the degree of damage and repairs needed; it was entitled to make its own
determinations based on its assessment of the evidence and credibility of the witnesses. To the
extent Landlord challenges such determinations, that is beyond the scope of review of this Court.
See Sweet, 2018 VT 122, ¶ 13. Order

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