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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¶ 12. Rather, subsection (3) is unclear about whether the phrase "occurring within six months" refers only to "an additional nonpayment of rent" or if it also applies to "[a] substantial violation of the lease terms." Id. Had the Legislature intended to give the statute the meaning landlord suggests, it would have been more logical to place the exception that landlord seeks-no notice required following a substantial lease violation-in its own subsection, instead of placing it with an exception that is triggered only after the leaseholder has engaged in an "additional" violation "within six months." See id. Likewise, to read the statute as landlord suggests would read the word "any" out of § 6237(a)(2), which says "[p]rior to the commencement of any eviction proceeding, the park owner shall notify the leaseholder." (Emphasis added.) The most plain and ordinary meaning of the word "any" is "every," indicating that § 6237(a)(2)'s rule applies to all eviction proceedings. See Any, The American Heritage Dictionary of the English Language (5th ed. 2017), https://ahdictionary.com/word/search.html?q=any [https://perma.cc/4ZCD-49GK].

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