Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Andrus v. Dunbar, 178 Vt. 554 (2005)

Citation
Andrus v. Dunbar, 178 Vt. 554 (2005)
Parent Document
Andrus v. Dunbar, 178 Vt. 554 (2005)
Jurisdiction
Vermont (state)
Effective Date
2005-04-13

Full Text

784 chars
¶ 10. We agree generally with tenant without resting our decision on jurisdictional grounds. Although the legal relationship between landlords and tenants is governed by the Residential Rental Agreements Act, 9 V.S.A. §§ 4451-4469, the action for possession must be brought pursuant to the ejectment statute in chapter 169 of Title 12, normally 12 V.S.A. §4851. See 9 V.S.A. §4468 (granting landlords an action for possession under Title 12 if tenant remains in possession after termination of the lease). The ejectment statute allows an action for possession where the former lessee “holds possession of the demised premises without right, after the termination of the lease.” 12 V.S.A. § 4851. The nature of the action, and its elements, is described in detail in Sabourin v. Woish: