Gotlieb v. Brown

Summary

The Vermont Superior Court grants the defendant's motion to dismiss an eviction action because the landlord served the termination notice by email rather than by hand delivery or mail, as required by the Vermont Residential Rental Agreements Act. The court dismisses the action without prejudice for lack of subject matter jurisdiction and dismisses the plaintiff's motions for default judgment and to supplement the record as moot.

Holdings

1. A Vermont superior court lacks subject matter jurisdiction over an eviction action unless the landlord strictly complies with the statutory eviction procedures, including the applicable notice requirements.
2. A showing that the tenant was not actually prejudiced does not excuse noncompliance with the statutory method of serving an eviction notice.
3. The plaintiff's second motion for default judgment and motion to supplement the record were moot after dismissal of the eviction action.

Questions Presented

1. Whether the superior court had subject matter jurisdiction over the eviction action when the landlord served the termination notice by email rather than by hand delivery or mail to the tenant's last known address.
2. Whether Gotlieb's motions for default judgment and to supplement the record remained viable after dismissal of the eviction action.

Disposition

dismissed