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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Corse v. Pickett, 2016 WL 1167745, at *1 (Vt. Super. Ct., Orange Civ. Div. Feb. 02, 2016)
(Tomasi, Supr. J.). Where, however, a landlord has included information about the right
to cure including the amount that must be paid to effectuate such a cure, that
information must be accurate. Rockport Schooner Co. v. Rockport Whale Watch Corp.,
789 N.E.2d 151, 152 (Mass. Ct. App. 2003) (“even absent a statutory requirement to
notify a tenant of its right to cure, a notice to quit may be rendered invalid by false or
misleading statements”). To hold otherwise would be to allow a landlord to mislead a
tenant as to the steps that must be taken to maintain a tenancy. Such a holding would be
inconsistent with 12 V.S.A. § 4773 (allowing a tenant to stop an ejectment by paying all
rent, interests, and costs of the suit into the court any time prior to the execution of the
writ of possession). II. Defendant’s motion to dismiss is denied

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