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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The parties' disagreement in this case involves the interplay between subsections (2) and (3). Specifically, tenant argues that the statutory language is unclear on its face, as evidenced by the fact that "the parties, several trial courts and the Department have found subsection (3) to be uncertain of meaning." Landlord, on the other hand, argues that subsection (3) unambiguously does not require that a landlord provide notice to a tenant of the grounds for eviction prior to commencing eviction proceedings when the basis for the eviction proceeding is a substantial violation of the lease terms. Because this case reaches this Court on an appeal from a decision on a motion to dismiss, we take to be true the facts that landlord alleged in its complaint below, namely, that the basis for the eviction proceeding constituted a substantial lease violation. Accordingly, the only question we must answer is whether the statute is ambiguous and if so, what the Legislature intended when it enacted § 6237(a).

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