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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We note that the statute’s use of fifteen days after the writ of possession is served will in some cases create some inconsistencies and confusion. The ejectment statute states that execution of a writ of possession is made “no sooner than ten days after the writ is served.” 12 V.SA.. § 4854. Since § 4854a allows a landlord to dispose of property remaining “15 days after a writ of possession is served,” it is likely that the Legislature intended that there would be a five-day grace period for tenant to remove property between execution of the writ of possession and when landlord had the right to dispose of property. That the Legislature intended there to be a five-day period during which tenant could reclaim personal property after landlord had taken possession of the rental unit is reinforced by another section of the statute, which states that if the court stays the execution of a writ of possession, then a landlord may dispose of remaining personal property “five days after the landlord is legally restored to possession of the dwelling unit.” Id.

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