JW, LLC v. Ayer and Martell, 197 Vt. 118 (2014)

Citation: JW, LLC v. Ayer and Martell, 197 Vt. 118 (2014)
Parent Document: JW, LLC v. Ayer and Martell, 197 Vt. 118 (2014)
Jurisdiction: Vermont (state)
Effective Date: 2014-07-18
Original Source: https://www.courtlistener.com/opinion/2684862/jw-llc-v-ayer-and-martell/ ↗

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The court explained if a landlord evicts a tenant and there is personal property that is not trash, the landlord is still required to make reasonable efforts to find out what tenant plans to do with the property and to store the property for sixty days. The court found that in this case because tenant had demanded the property at the time of eviction and before landlord incurred any moving or storage costs, tenant was entitled to have the personal property without any storage payment. The court explained that landlord could not seize tenants’ personal property to satisfy an unrelated debt — the money owed to landlord for the unpaid rent and damage to the property — without first obtaining approval for the action by seeking a writ of attachment or other order. The court ordered that all personal property be returned to tenant within seventy-two hours.

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