Vermont Small Business Development Corp. v. Fifth Son Corp., Henzel, Mad Partners, LLC and Pierson, 193 Vt. 185 (2013)

Citation: Vermont Small Business Development Corp. v. Fifth Son Corp., Henzel, Mad Partners, LLC and Pierson, 193 Vt. 185 (2013)
Parent Document: Vermont Small Business Development Corp. v. Fifth Son Corp., Henzel, Mad Partners, LLC and Pierson, 193 Vt. 185 (2013)
Jurisdiction: Vermont (state)
Effective Date: 2013-01-25
Original Source: https://www.courtlistener.com/opinion/1043650/vermont-small-business-developm... ↗

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¶ 6. Lessee fell behind on the rent payments, and as of March 5, 2010, was in default on both leases. On that date, lessor sent what was characterized as a notice of default on both leases to lessee’s address by certified mail. It is not clear why the Postal Service’s three attempts at delivery on March 6, 16, and 22 failed, but whatever the reason, notice was either not accepted or not received by the lessee, and the Postal Service eventually stamped the envelope “unclaimed.” After having learned about the failed delivery, lessee called lessor to discuss it. Although details of the conversation are not in the record, lessee apparently learned that he was about to be evicted from both properties. Lessor and lessee disagree as to whether and/or when lessee requested that the notice be emailed to him.

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