Mr. Judah Kessler, Tenant
19 Church Street
Richford VT 05476

Certified Mail Receipt Number: 7012 0470 0002 2452 7955

October 24, 2012

Mr. Silas Burton, Landlord
19 Church Street
Richford VT 05476

Dear Mr. Burton:

As per Vermont Statutes
Title 9: Commerce and Trade
Chapter 137: RESIDENTIAL RENTAL AGREEMENTS
§ 4451. Definitions
As used in this chapter:
(4) “Landlord” means the owner, lessor, or where applicable, the sublessor of a residential dwelling unit or the building of which it is a part.
(8) “Rental agreement” means all agreements, written or oral, embodying terms and conditions concerning the use and occupancy of a dwelling unit and premises.
(9) “Tenant” means a person entitled under a rental agreement to occupy a residential dwelling unit to the exclusion of others. (Added 1985, No. 175 (Adj. Sess.), § 1; 2007, No. 176 (Adj. Sess.), § 44.)
1. You are the “Landlord” of the premises (4)
2. You and I have signed “Rental agreement for said premises (8)
3. I am the “Tenant” of said premises (9)

THEREFORE, you are here-by notified, under the Statutes of the State of Vermont that:

On the evening of Friday, October 19, 2012, a conversation between you and I concerned the unhealthy conditions in the kitchen in which we are both to store food and prepare meals. Used dishes and cooking utensils had remained in the sink for about a week, unwashed, counter-tops and stove-top were unclean, having spatters of grease/food left on them for the same period of time. Trash and garbage had not been removed and were creating foul odours in the kitchen and generally about the house. It was agreed by both you and I that the dishes and garbage were the result of your cooking and not mine and you accepted responsibility for the conditions in the kitchen.

I brought this to your attention via telephone text message, currently on file on my phone, along with your initial response. I quote both texts for your information:
Fri.19 Oct
Out: 17:37(5:37pm) – we need to discuss the kitchen situation tomorrow
In: 17:59(5:59pm) – Did not realize I was inconveniencing. Will keep the sink clear for ya man. Sorry

A conversation followed on this evening, via telephone, where-in you did promise to maintain a clean and healthy environment in the kitchen, you were aware that I have been unable to access the kitchen sink, unable to prepare my own meals, unable to cook food, and in general, I have been denied proper and common use of the kitchen.
That evening and for 1 day there-after, you did clean the kitchen, wash the aforementioned dishes and wipe counter and stove tops.

As of Sunday, October 21, 2012, again, un-washed dishes were left in the sink.
On Monday, October22, 2012, at approximately 10:00pm I was again unable to access the kitchen sink as it was, again, full of un-washed dishes, pots, pans and cooking utensils; the counter and stove tops were spattered and covered in various bits of food-stuffs. The stench of decaying garbage permeated through-out the house even up-stairs to the second floor where I rent a room. That room was almost uninhabitable because of the stench of old food and decaying garbage.

To-date, these conditions remain and continue. These conditions and situations have prohibited me from preparing and cooking healthy, nutritious and cost-effective meals and have negatively affected my general health and well-being resulting in un-due stress, fatigue and general malaise which are damages to my person.

You purposefully and intentionally remain in violation of Vermont Statutes as follows:
Vermont Statutes
Title 9: Commerce and Trade
Chapter 137: RESIDENTIAL RENTAL AGREEMENTS
§ 4457. Landlord obligations; habitability
(a) Warranty of habitability. In any residential rental agreement, the landlord shall be deemed to covenant and warrant to deliver over and maintain, throughout the period of the tenancy, premises that are safe, clean and fit for human habitation and which comply with the requirements of applicable building, housing and health regulations.
§ 4458. Habitability; tenant remedies
(a) If the landlord fails to comply with the landlord’s obligations for habitability and, after receiving actual notice of the noncompliance from the tenant, a governmental entity or a qualified independent inspector, the landlord fails to make repairs within a reasonable time and the noncompliance materially affects health and safety, the tenant may:
(1) withhold the payment of rent for the period of the noncompliance;
(2) obtain injunctive relief;
(3) recover damages, costs and reasonable attorney’s fees; and
(4) terminate the rental agreement on reasonable notice.
FURTHERMORE, from the date I took possession of the rented rooms in the house, and to-date, you have been consciously aware that you did not provide me with a key to the upper dead-bolt lock on the back/kitchen door.
On the morning of Saturday, October 20, 2012, upon my return from my night-shift work, I was prohibited entry into the house because you engaged this lock. The other two doors to the house were secured with locks and chain-locks, the latter being accessible only from the inside of the house.

On this morning, I gained entry via the rear window, having to remove a screen, opening an un-secured window and climbing in. When you were notified of my manner of entry, you violently accused me of having broken the screen and window. A transcript of telephone text messages received by me, from your cell-phone accompanies this letter.

On Sunday, October 21, 2012, via telephone text, I politely requested a copy of the key needed for the aforementioned dead-bolt lock. To-date, you have not provided that key, essentially creating a situation where-by you may, at will, prohibit my entrance into the house and there-by prohibit my access to space rented and my personal effects.

You purposefully and intentionally remain in violation of Vermont Statutes as follows:
Vermont Statutes
Title 9: Commerce and Trade
Chapter 137: RESIDENTIAL RENTAL AGREEMENTS
§ 4463. Illegal evictions
(a) No landlord may willfully cause, directly or indirectly, the interruption or termination of any utility service being supplied to the tenant, except for temporary interruptions for emergency repairs.
(b) No landlord may directly or indirectly deny a tenant access to and possession of the tenant’s rented or leased premises, except through proper judicial process.
(c) No landlord may directly or indirectly deny a tenant access to and possession of the tenant’s property, except through proper judicial process. (Added 1985, No. 175 (Adj. Sess.), § 1.)
§ 4464. Remedies for illegal evictions
(a) Any tenant who sustains damage or injury as a result of an illegal eviction may bring an action for injunctive relief, damages, costs and reasonable attorney’s fees.

On Tuesday, October 23, 2012, at 3:30pm, Mr. Donald Burns, Owner of the house, property and premises, did, on my request, inspect the aforementioned window and screen (referenced in statement here-in for the date of Saturday, October 20, 2012) and did confirm that there was no damage done to either the screen nor to the window, proving that your accusations against me were un-founded and based on no fact.

FURTHERMORE, you have accused me of “shirking” my financial responsibilities to the house-hold and payment of rent. This is made evident in a transcript of telephone text messages which can and will be provided to you upon request and to a court of law should it be deemed necessary. However, in contradiction to this fact, you have continued to accept not only payments of same but, amounts greater than those you requested when, as example, I gave you, in cash, on Saturday, October 20, 2012, 27.00$ more than the 30.00$ you requested as payment on utility costs. You personally handed me a receipt of acceptance of payment, signed without contest, at the time of payment.

However, as is further made evident, you have slandered me in so far as making your claims of my “shirking” my financial responsibilities known to one Ms. Hilary Roberts, a tenant on the same premises, who is, in no manner or fashion, related to our house-hold and who has no right to information concerning me, and who, as a matter of fact, does not share the same legal address as either you or me.

FURTHERMORE, on the morning of Wednesday, October 24, 2012, you did repeatedly threaten my person, well-being and personal effects situated on the premises for which you are, but virtue of definitions stated above, the landlord, via numerous text messages sent to my telephone when I was not at the premises.

In these texts you made direct references to items located in the room which I rent, as Tenant, which you admittedly became aware of by entering into the room, without prior notice or without due cause, in violation of the statutes of the state of Vermont. To wit:
Vermont Statutes
Title 9: Commerce and Trade
Chapter 137: RESIDENTIAL RENTAL AGREEMENTS
§ 4460. Access
(a) A landlord may enter the dwelling unit with the tenant’s consent, which shall not be unreasonably withheld.
(b) A landlord may also enter the dwelling unit for the following purposes between the hours of 9:00 A.M. and 9:00 P.M. on no less than 48 hours’ notice:
(1) when necessary to inspect the premises;
(2) to make necessary or agreed repairs, alterations or improvements;
(3) to supply agreed services; or
(4) to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors.
(c) A landlord may only enter the dwelling unit without consent or notice when the landlord has a reasonable belief that there is imminent danger to any person or to property. (Added 1985, No. 175 (Adj. Sess.), § 1.)
THEREFORE and with legal consideration of your conscious and intentional violations of Vermont statutes regarding rental properties and your malicious slander, threats against my self and my effects, and your breaches of contract other-wise, as indicated here-in, you are dutifully and legally notified here-with of my termination of any and all of my lease obligations to you and, therefore, to any subsequent owners or interested parties to any and all contracts relative to the premises.

This termination is effective as of midnight, December 31, 2012. I will make every best effort to vacate the premises on or before this date, waiving no rights afforded me by the laws and statutes of the state of Vermont or by the local authorities.

This notice provides greater than the 60 days required by the Statutes of the State of Vermont:
Vermont Statutes
Title 9: Commerce and Trade
Chapter 137: RESIDENTIAL RENTAL AGREEMENTS
9 V.S.A. § 4467. Termination of tenancy; notice
§ 4467. Termination of tenancy; notice
(a) The rental agreement shall not terminate if the tenant pays or tenders rent due through the end of the rental period in which payment is made or tendered. Acceptance of partial payment of rent shall not constitute a waiver of the landlord’s remedies for nonpayment of rent or an accord and satisfaction for nonpayment of rent.
(A) For tenants who have resided continuously in the same premises for two years or less, at least 60 days after the date of the actual notice.
(B) For tenants who have resided continuously in the same premises for more than two years, at least 90 days after the date of the actual notice.
(e) Termination for no cause under terms of written rental agreement.
cause shall be at least 30 days before the end or expiration of the stated term of the rental agreement, if the tenancy has continued for two years or less. The notice to terminate for no cause shall be at least 60 days before the end or expiration of the term of the rental agreement if the tenancy has continued for more than two years.
(f) In all cases the termination date shall be specifically stated in the notice.
(h) A rental arrangement whereby a person rents to another individual one or more rooms in his or her personal residence that includes the shared use of any of the common living spaces, such as the living room, kitchen or bathroom, may be terminated by either party by providing actual notice to the other of the date the rental agreement shall terminate, which shall be at least 15 days after the date of actual notice if the rent is payable monthly and at least seven days after the date of actual notice if the rent is payable weekly.
(k) A notice to terminate a tenancy shall be insufficient to support a judgment of eviction unless the proceeding is commenced no later than 60 days from the termination date set forth in the notice. (Added 1985, No. 175 (Adj. Sess.), § 1; amended 1999, No. 115 (Adj. Sess.), §§ 2, 2a; 2007, No. 176 (Adj. Sess.), § 48; 2009, No. 129 (Adj. Sess.), § 2.)

By this termination of lease/contract I am not waiving any of my legal rights to further pursue any further litigations against you for damages related to your violation of the statutes indicated here-in or to fully exercise any legal actions against you that are available to me under the laws of the State of Vermont.
You are advised of the following:
Vermont Statutes
Title 9: Commerce and Trade
Chapter 137: RESIDENTIAL RENTAL AGREEMENTS
§ 4465. Retaliatory conduct prohibited
(a) A landlord of a residential dwelling unit may not retaliate by establishing or changing terms of a rental agreement or by bringing or threatening to bring an action against a tenant who:
(1) has complained to a governmental agency charged with responsibility for enforcement of a building, housing or health regulation of a violation applicable to the premises materially affecting health and safety;
(2) has complained to the landlord of a violation of this chapter; or
(3) has organized or become a member of a tenant’s union or similar organization.
(b) If the landlord acts in violation of this section, the tenant is entitled to recover damages and reasonable attorney’s fees and has a defense in any retaliatory action for possession.
(c) If a landlord serves notice of termination of tenancy on any grounds other than for nonpayment of rent within 90 days after notice by any municipal or state governmental entity that the premises are not in compliance with applicable health or safety regulations, there is a rebuttable presumption that any termination by the landlord is in retaliation for the tenant having reported the noncompliance. (Added 1985, No. 175 (Adj. Sess.), § 1; amended 2007, No. 176 (Adj. Sess.), § 47.)

Signed

Judah Kessler, Tenant
Cc: