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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Houle v. Quenneville, 787 A.2d 1258 (2001)

Citation
Houle v. Quenneville, 787 A.2d 1258 (2001)
Parent Document
Houle v. Quenneville, 787 A.2d 1258 (2001)
Jurisdiction
Vermont (state)
Effective Date
2001-11-09

Other Sections in This Document (112)

Full Text

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The decision in Frenchtown Villa turned on the court’s interpretation of the Michigan eviction statute, which “precludes a judgment for possession for an alleged termination of a tenancy where the termination was intended primarily as a penalty for the defendant’s [tenant’s] attempt to secure or enforce legal rights.” Frenchtown Villa, 324 N.W.2d at 135. Because a fixed term lease automatically expires at the end of the term, “a landlord seeking repossession of premises upon the expiration of the term of a fixed lease does not terminate the tenancy, but merely seeks repossession pursuant to the termination that has otherwise taken place.” Id. at 135. In reaching its decision, the Michigan Court of Appeals realized that its holding would “effect[] a severe limitation upon the retaliatory eviction defense,” but felt constrained by the language of the retaliatory eviction statute. Id. at 136.