§ 4773. Ejectment for nonpayment of rent; proof; payment
In actions of ejectment for nonpayment of rent, the plaintiff shall not be required
to prove a demand of the rent in arrear or a stipulation for reentry on nonpayment
of rent or a reentry on the premises, but shall recover judgment as if the rent in
arrear had been demanded and reentry made. Before a writ of possession is executed,
if the defendant pays into court all rent due through the end of the current rental
period, including interest and the costs of suit, the action shall be discontinued.
A defendant may not defeat an ejectment action by payment of all rent in arrears,
interest, and court costs more than one time in 12 months. The 12-month period shall
begin on the day the payment is made. (Amended 2007, No. 176 (Adj. Sess.), § 50.)
Brattleboro Hous. Auth. v. Parker (In Re Parker), 269 B.R. 522 (D. Vt. 2001). · cites it 4דHowever, Parker redeemed her right to continue possession, pursuant to Vt. Stat. Ann. tit. 12, § 4773 , by paying the past due rent, court costs, and interest before BHA’s judgment became final.”
Tucker v. Bushway, 689 A.2d 426 (Vt. 1996). · cites it 4דTenants then moved for discontinuance of the action pursuant to 12 VS.A. § 4773. The trial court denied the tenants’ motion for discontinuance.”
Couture v. Burlington Hous. Auth. (In Re Couture), 225 B.R. 58 (D. Vt. 1998). · cites it 3דThe Bankruptcy Court further found that after entering into the settlement agreement, the Coutures possessed only “a statutory right to cure their default for nonpayment of rent” under 12 V.S.A. § 4773 before final judgment. Id.”
In Re Couture, 202 B.R. 837 (Bankr. D. Vt. 1996). · cites it 4דUnder 12 V.S.A. § 4773, Debtors had the right to cure at any time “[bjefore final judgment.”
Hilder v. St. Peter, 478 A.2d 202 (Vt. 1984). “In an action for ejectment for nonpayment of rent, 12 V.S.A. § 4773, “ [t]he trier of fact, upon evaluating the seriousness of the breach and the ramification of the defect upon the health and safety of the tenant, will abate the rent at the landlord’s expense in accordance with…”
Spaulding v. HE Fletcher Co., 205 A.2d 556 (Vt. 1964). “Also admitted is that the record does not disclose any action, legal or otherwise, on the part of the town to remove Walker from his possession of the glebe lot at any time.”
In Re Stoltz, 220 B.R. 552 (Bankr. D. Vt. 1998). “12 V.S.A. § 4773. This tenant remedy remains viable until a final judgment is issued, thus, it is critical to know at what point judgment for possession becomes final.”
In re Metro Air Ne., Inc., 131 B.R. 555 (D. N.Y. 1991). “See 12 V.S.A. § 4773 (1991); Aiken v. Watson, 131 Vt.”
Ravenwood Estates, Inc. v. Mason, 590 A.2d 884 (Vt. 1991). “Plaintiff is the owner of a mobile home park in Bennington and appeals from an order that attorney’s fees incurred in the course of the eviction of defendant were not “costs” to be borne by defendant within the meaning of 12 V.S.A. § 4773. We affirm that order, but on…”
Pe2 Hous. v. Baker (Vt. Super. Ct. 2026). · cites it 5דSuch a holding would be inconsistent with 12 V.S.A. § 4773 (allowing a tenant to stop an ejectment by paying all rent, interests, and costs of the suit into the court any time prior to the execution of the writ of possession).”
Gondal Grp. v. Ellis (Vt. Super. Ct. 2024). · cites it 4דDefendant has moved to discontinue the matter pursuant to 12 V.S.A. § 4773. Plaintiff opposes the motion, arguing that the writ of possession executed when it was served on defendant.”
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