PE1 Housing LP v. Cheryl Damon

Summary

The Vermont Superior Court, Windham Civil Division, dismissed an ejectment action for nonpayment of rent because the complaint did not attach all documents comprising the rental agreement. The court held that 12 V.S.A. § 4852 requires attachment of the rental agreement in effect and applicable to the case, including relevant addenda, and concluded that the omitted Low Income Lease Rider and House Rules were potentially material. The order was electronically signed on March 30, 2026.

Holdings

1. An ejectment complaint must attach the rental agreement in effect and applicable to the case, including required addenda or attachments that are part of that agreement.
2. When a required addendum or attachment forming part of the rental agreement is omitted from the complaint, the plaintiff bears the burden of establishing that the omitted document has no relevance to the proceeding.
3. The complaint was statutorily defective and the ejectment proceeding had to be dismissed.

Questions Presented

1. Whether an ejectment complaint complies with 12 V.S.A. § 4852 when it attaches the principal lease and some addenda but omits other documents that form part of the rental agreement.
2. Whether Plaintiff established that the omitted Low Income Lease Rider and House Rules were irrelevant to the eviction proceeding.
3. Whether the complaint should be dismissed for failure to comply with the statutory attachment requirement.

Disposition

dismissed