Tucker v. Bushway

No. 133-3-95 (Vt. Sup. Ct. Dec. 10, 1996) ; Clearinghouse Number: 51563

Description

Tenant Subject to Eviction for Nonpayment of Rent May Redeem Tenancy After Judgment for Eviction Is Entered But Before Writ for Possession Is Issued

Abstract

The Vermont Supreme Court has held that a tenant subject to eviction proceedings may redeem the tenancy by paying all past-due rents, court costs, and interest after the judgment for eviction is entered but before the date upon which the writ of possession may issue. Under state law, an eviction for nonpayment of rent shall be discontinued if the tenant pays the rental arrears with interest plus the costs of suit "before final judgment." Appellant landlords argued that the date of final judgment was the date on which the trial court issued the judgment for appellee tenants’ eviction because that order was appealable. The court, however, found that the term "final judgment" may assume different meanings depending on the context in which it is used. The court noted that a significant problem with landlords’ argument was that it required tenants to know the amount to be paid before the court determined what tenants owed. Accordingly, the court held that a judgment for possession is not final until the earlier of (1) the date of the issuance of the writ of possession or (2) the date by which a notice of appeal must be filed. Because tenants had tendered the rent before the judgment became final and before a writ of possession was issued, the court found they were entitled to have the eviction action discontinued.

Additional Information

Docket Date
1996-12-10 00:00:00+00:00

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