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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Given this record, Plaintiff’s notice of termination is, therefore, defective. As the
Massachusetts Supreme Judicial Court has stated, “[t]o be defective such that it fails to
terminate a lease, a notice to quit must involve a material error or omission, i.e., a defect
that has some meaningful practical effect.” Cambridge St. Realty, LLC v. Stewart, 113
N.E.3d 303, 311 (Mass. 2018). It is hard to imagine a defect that would have a more
meaningful and practical effect than a potential inaccuracy in the amount necessary to
cure and, thus, to discontinue this ejectment proceeding. 12 V.S.A. § 4773. Based on the
evidence presented at the rent escrow hearing this court cannot find that the lease was
properly terminated by the September 28, 2025, notice of termination. Plaintiff has not
established by a preponderance of the evidence that Defendant maintains possession
after termination of the lease. The motion for an order to pay rent into court is denied.

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