Landlords served a notice of termination of tenancy on defendants alleging various violations of the rental agreement, including nonpayment of rent. When tenants did not vacate the premises by the effective date of the notice, landlords brought an action for eviction. Tenants then moved for discontinuance of the action pursuant to 12 V.S.A. 4773. The trial court denied the tenants' motion for discontinuance.
Landlords cite to various cases for the proposition that a decision is final if it is appealable.
Thus, landlords argue that tenants, who paid the rental arrears on November 17, failed to make payment before final judgment. Because the cases cited by landlords deal with the ability to take an appeal rather than application of 12 V.S.A. 4773, they are not determinative of the instant case. We must construe 4773 in light of its purpose and to avoid an irrational result. See Santi v. Roxbury Town Sch. The main problem with landlords' argument is that it requires the tenant to know the amount to be paid before the court determines what the tenant owes.