Vermont Repairs & Tenant Remedies
Vermont rules on repairs & habitability for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Yes, for minor defects: if the landlord fails to repair within 30 days of notice, the tenant may repair and deduct the actual and reasonable cost, not to exceed one-half of one month's rent, giving the landlord actual notice of the cost. 9 V.S.A. 4459
The rules in Vermont
| Repair and deduct | Yes, for minor defects: if the landlord fails to repair within 30 days of notice, the tenant may repair and deduct the actual and reasonable cost, not to exceed one-half of one month's rent, giving the landlord actual notice of the cost. Not available if the tenant or someone on the premises with consent caused the defect. Source: 9 V.S.A. 4459 |
|---|---|
| Withholding rent | Yes. If the landlord fails to make repairs within a reasonable time after actual notice (from the tenant, a government entity, or a qualified independent inspector) of a habitability noncompliance that materially affects health and safety, the tenant may withhold rent for the period of noncompliance, or seek injunctive relief, damages, costs and attorney's fees, or terminate on reasonable notice. Not available if the tenant or someone with the tenant's consent caused the noncompliance. Source: 9 V.S.A. 4458 |
| Landlord retaliation | Landlord may not retaliate (by setting or changing lease terms, or by bringing or threatening an action) because a tenant complained to a government agency about a health/safety violation, complained to the landlord about a chapter 137 violation, or organized/joined a tenants' union. A termination notice (other than for nonpayment) served within 90 days after a state or municipal finding of a health or safety noncompliance is presumed retaliatory (rebuttable). Remedy: damages and reasonable attorney's fees; retaliation is a defense to possession. Source: 9 V.S.A. 4465 |
Related questions
Vermont vs. neighboring states
| State | Repair and deduct | Withholding rent | Landlord retaliation |
|---|---|---|---|
| Vermont | Yes, for minor defects: if the landlord fails to repair within 30 days of notice, the tenant may repair and deduct the actual and reasonable cost, not to exceed one-half of one month's rent, giving the landlord actual notice of the cost. 9 V.S.A. 4459 | Yes. If the landlord fails to make repairs within a reasonable time after actual notice (from the tenant, a government entity, or a qualified independent inspector) of a habitability noncompliance that materially affects health and safety, the tenant may withhold rent for the period of noncompliance, or seek injunctive relief, damages, costs and attorney's fees, or terminate on reasonable notice. 9 V.S.A. 4458 | Landlord may not retaliate (by setting or changing lease terms, or by bringing or threatening an action) because a tenant complained to a government agency about a health/safety violation, complained to the landlord about a chapter 137 violation, or organized/joined a tenants' union. A termination notice (other than for nonpayment) served within 90 days after a state or municipal finding of a health or safety noncompliance is presumed retaliatory (rebuttable). 9 V.S.A. 4465 |
| Massachusetts | Yes, with conditions. A board of health or code enforcement agency must certify a code violation that may endanger or materially impair health, safety, or well-being, or a court must find one, and the owner must receive written notice. If the owner does not begin repairs (or contract for them) within 5 days, or does not substantially complete them within 14 days, the tenant may make the repairs and deduct the cost from future rent, up to 4 months' rent in any 12-month period (or the period of occupancy, if shorter). Alternatively, the tenant may treat the lease as terminated, pay only the fair value of use and occupancy, and move out within a reasonable time. G.L. c. 111, § 127L | Yes. In an eviction for nonpayment, or a no-fault eviction, the tenant may raise code violations, breach of warranty, or breach of the rental agreement as a defense and counterclaim, if: the landlord knew of the conditions before the tenant fell behind; the tenant or household did not cause them; and they can be fixed without vacating the unit. While the case is pending, the court may require the tenant to pay the fair value of use and occupancy, less any counterclaim award, into court. If the tenant's award equals or exceeds the landlord's, the landlord gets no possession. If the landlord's award is larger, the tenant keeps possession by paying the balance, with interest and costs, within one week of written notice from the court. G.L. c. 239, § 8A | Prohibited. Protected acts include: pursuing a court or agency action to enforce housing laws; reporting suspected health, building, or housing code violations to the board of health or a similar agency, or complaining in writing to the landlord; organizing or joining a tenants' union; and certain c. 164 § 124D and c. 183A rent-payment rights. A termination notice (other than for nonpayment), a rent increase, or a substantial change in lease terms within 6 months after protected activity is presumed retaliatory. The landlord can rebut the presumption only by clear and convincing evidence. Damages: at least 1 and up to 3 months' rent, or actual damages if greater, plus costs and reasonable attorney's fees. G.L. c. 186, § 18 |
| New Hampshire | No statutory repair-and-deduct remedy. RSA ch. 540; RSA 540:13-d | Limited: a tenant who was current on rent may defend a nonpayment eviction if the unit substantially violates RSA 48-A or local codes materially affecting habitability, the tenant gave written notice, and the landlord failed to fix it within 14 days (or promptly in an emergency). Tenant must pay withheld and accruing rent into court; court may continue the case up to 1 month for repairs. RSA 540:13-d | Defense to eviction if retaliatory for: reporting (in good faith) a code or RSA 540-A violation to the landlord or an enforcement agency; filing an RSA 540-A action or using RSA 540:13-d; or meeting/organizing with other tenants. Rebuttable presumption of retaliation if the landlord evicts, raises rent, or substantially changes terms within 6 months of the protected act. RSA 540:13-a; RSA 540:13-b |
| New York | No specific statute. Per the NY Attorney General, under the warranty of habitability tenants may, in extenuating circumstances, make necessary repairs and deduct reasonable repair costs from rent; keep receipts and records. N.Y. RPL § 235-b (warranty of habitability); NY AG Residential Tenants' Rights Guide | No statutory withholding procedure. Every residential lease includes a non-waivable warranty of habitability; a tenant who withholds risks a nonpayment case but may counterclaim/defend for breach of the warranty and seek a rent abatement. Rent-regulated tenants may instead file a rent-reduction complaint with DHCR. N.Y. RPL § 235-b | Landlord may not serve a notice to quit, sue for possession, or substantially alter the tenancy (including refusing to renew or an unreasonable rent increase) because the tenant made a good-faith complaint to the landlord or a government agency about health/safety, habitability, or housing law violations, took good-faith action to enforce lease or legal rights, or joined a tenants' organization. Retaliation is presumed if the action occurs within one year after the protected act. N.Y. RPL § 223-b |
City rules that may add to state law
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Vermont Repairs & Tenant Remedies FAQ
Can a tenant repair and deduct from rent in Vermont?
Yes, for minor defects: if the landlord fails to repair within 30 days of notice, the tenant may repair and deduct the actual and reasonable cost, not to exceed one-half of one month's rent, giving the landlord actual notice of the cost. (9 V.S.A. 4459)
Can a tenant withhold rent for repairs in Vermont?
Yes. If the landlord fails to make repairs within a reasonable time after actual notice (from the tenant, a government entity, or a qualified independent inspector) of a habitability noncompliance that materially affects health and safety, the tenant may withhold rent for the period of noncompliance, or seek injunctive relief, damages, costs and attorney's fees, or terminate on reasonable notice. (9 V.S.A. 4458)
Can a landlord retaliate against a tenant for complaining in Vermont?
Landlord may not retaliate (by setting or changing lease terms, or by bringing or threatening an action) because a tenant complained to a government agency about a health/safety violation, complained to the landlord about a chapter 137 violation, or organized/joined a tenants' union. A termination notice (other than for nonpayment) served within 90 days after a state or municipal finding of a health or safety noncompliance is presumed retaliatory (rebuttable). (9 V.S.A. 4465)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.