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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¶ 28. The first claimed ambiguity is that "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.' " Ante, ¶ 12. But this phrase is ambiguous only if a reader ignores a basic tenet of the English language: "[I]f a participial phrase does not start a sentence, it should modify the noun, pronoun, or noun phrase that most closely precedes it." See B. Garner, The Redbook: A Manual on Legal Style § 10.29(b) (2d ed. 2006). Here, the phrase "occurring within six months of the giving of the notice referred to in subdivision (2) of this subsection" is a present participial phrase that modifies the noun that closely precedes it-in this case, "nonpayment." No rule of language suggests that the participial phrase modifies "[a] substantial violation of the lease terms."

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