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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

500 chars
¶ 15. Because the tenancy had not been terminated on the date that the landlord brought the ejectment action, the trial court should have entered judgment for tenant. Further, the damages action is derivative of the ejectment action, see 12 V.S.A. § 4854 (“If the court finds that the plaintiff is entitled to possession of the premises the plaintiff shall have judgment for possession and rents due....” (emphasis added)), and, therefore, the damages aspect of the judgment also cannot be sustained.