pe2 housing v baker, No. 25-cv-5036 (Vt. Super. Ct. 2024)

Citation: pe2 housing v baker, No. 25-cv-5036 (Vt. Super. Ct. 2024)
Parent Document: pe2 housing v baker, No. 25-cv-5036 (Vt. Super. Ct. 2024)
Jurisdiction: Vermont (state)
Effective Date: 2024-11-01
Original Source: https://www.vermontjudiciary.org/media/20324 ↗

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Thus, a landlord must first terminate the tenancy in a manner specified by
law-i.e., with actual notice--before the landlord can bring an ejectment
action. See Andrus, 2005 VT 48, 1 9-10. The requirement that a tenancy
must be properly terminated through clear notice is "rooted in the
principle that the tenant cannot be put in the position of having to
speculate on the meaning and legal effect of the landlord's actions." Id. at q
13; cf. also 4A A.N. Steinman, Federal Practice Procedure Civil § 1095 (4th
ed., JJune 2024 update) (Historically, the usual and most effective method
of service [of process] has been by personal delivery ... This procedure
avoids any question as to whether the defendant has received notice of the
suit[.]'").

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