Defendant rents an apartment from plaintiff in South Burlington.
The court entered judgment based on the provisions in the stipulation. At the same time, she filed a motion for discontinuance of the ejectment and for redemption of the tenancy. The court acknowledged the law in Vermont which provides the right to pay a rental arrearage and redeem tenancy until the issuance of a final judgment, see 12 V.S.A. 4773, but held that defendant agreed to vacate the premises by a date certain and that the agreement must be held to be an implied waiver of the statutory right to redeem. A writ of possession issued on October 6, in response to which defendant filed a motion to quash the writ. The motion was denied, but the court, in response to defendant's subsequent request, granted a stay of the writ of possession pending this appeal.