Vermont Small Business Development Corp. v. Fifth Son Corp., Henzel, Mad Partners, LLC and Pierson, 193 Vt. 185 (2013)

Citation: Vermont Small Business Development Corp. v. Fifth Son Corp., Henzel, Mad Partners, LLC and Pierson, 193 Vt. 185 (2013)
Parent Document: Vermont Small Business Development Corp. v. Fifth Son Corp., Henzel, Mad Partners, LLC and Pierson, 193 Vt. 185 (2013)
Jurisdiction: Vermont (state)
Effective Date: 2013-01-25
Original Source: https://www.courtlistener.com/opinion/1043650/vermont-small-business-developm... ↗

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“event of default,” also includes the requirements for terminating the lease by reason of such an event — requirements with which lessor failed to comply, as we held above. We cannot hold that the language of Article XIII “clearly and unequivocally” covers an unlawful eviction. Consequently, where lessor did not properly terminate the tenancy, he is entitled neither to rent for the premises after the wrongful eviction nor to a large liquidated damages award based upon lessee’s default in paying past rent. We conclude that there was not a “repossession of the Leased Premises by reason of an Event of Default” as required by Article XIII. Accordingly, we uphold the trial court decision that lessor cannot collect post-eviction rent, whether labeled as such or as liquidated damages. Affirmed. 1

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