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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At issue is whether a notice of termination for nonpayment of rent must
include information about the right to cure. A split of authority exists, in
which a number of courts have concluded that it must, e.g., Tyler v.
Elberson, No. 21-CV-01041 (Vt. Super. Ct. Dec. 6, 2021) (Toor, J.);
Crompton v. Ball, No. 686-10-05 Rdcv (Vt. Super. Ct. Dec. 15, 2005)
(Norton, J.); Mills v. Smart, No. 155-6-97 Bncv (Vt. Super. Ct. Jul. 9, 1997)
(Wesley, J.) (citing Halasz v. Kingsbury, No. S502-87 WmC (Vt. Super. Ct.
Dec. 15, 1987)), whereas other courts have concluded that inclusion of the
information is not required, at least in some contexts, e.g., Barnet
Tradepost, LLC v. Alden, No. 22-CV-02437, 2022 WL 19002742 (Vt.
Super. Ct. Nov. 9, 2022) (Richardson, J.); Corse v. Pickett, No. 219-12-15
Oecv, 2016 WL 1167745 (Vt. Super. Ct. Feb. 4, 2016) (Tomasi, J.). Both
views are supported by persuasive considerations, including the extent to
which information about the right to cure is needed to provide the tenant
with notice of their rights, e.g., Mills, No. 155-6-97 Bncv, and the
observation that information-disclosure requirements are expressly
included in other legislative schemes (such as those pertaining to mobile-
home park evictions, nonjudicial foreclosures, and the provision of

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