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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¶ 11. As structured, the statute starts with the premise that all mobile home park eviction actions must be preceded by notice, unless an exception to the notice requirement applies. See 10 V.S.A. § 6237(a)(2) ("Prior to the commencement of any eviction proceeding, the park owner *1220shall notify the leaseholder by certified or registered mail, except as provided in subdivision (3) of this subsection: (A) of the grounds for an eviction proceeding .... "). The exception to the notice requirement in subsection (3) is therefore the focus of our interpretation. Subsection (3) provides that "[a] substantial violation of the lease terms, of the mobile home park, or an additional nonpayment of rent occurring within six months of the giving of the notice referred to in subdivision (2) of this subsection may result in immediate eviction proceedings." Id. § 6237(a)(3). Landlord argues that the "plain and clear meaning" of that sentence "is that the park owner must notify the leaseholder prior to commencing an eviction proceeding unless the grounds for the eviction is a substantial violation of the lease terms, or a second instance of nonpayment of rent within six months." However, that is not what the statute says.

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