Shires Housing, Inc. v. Carolyn S. Brown and William A. Shepard, II, 172 A.3d 1215 (2017)

Citation: Shires Housing, Inc. v. Carolyn S. Brown and William A. Shepard, II, 172 A.3d 1215 (2017)
Parent Document: Shires Housing, Inc. v. Carolyn S. Brown and William A. Shepard, II, 172 A.3d 1215 (2017)
Jurisdiction: Vermont (state)
Effective Date: 2017-07-21
Original Source: https://www.courtlistener.com/opinion/4489424/shires-housing-inc-v-carolyn-s-... ↗

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¶ 3. Landlord served tenant with a complaint for ejectment on March 24, 2016. On April 14, 2016, tenant filed a motion to dismiss, arguing that: (1) the complaint failed to allege prior notice, which she argued was required under 10 V.S.A. § 6237(a)(2) ; (2) Rule 12.2.1 promulgated by the Department of Housing and Community Development (the Department) required prior notice unless the tenant had committed another violation within the last six months; and (3) landlord failed to attach a copy of the lease to the complaint, as required by 12 V.S.A. § 4852 and 10 V.S.A. § 6204(c) (applying 12 V.S.A. § 4852 to rental of mobile homes). Landlord filed a response on April 28, 2016, arguing: (1) under 10 V.S.A. § 6237(a)(3), no prior written notice is required when the cause for termination is a substantial lease violation; (2) the agency rule conflicts with § 6237 and should be overturned; and (3) a copy of the lease was attached to the complaint.

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