Defendant has moved to dismiss this action pursuant to V.R.C.P. 12()(1) and 12(b)(6). In
determining a 12()(1) motion, "all uncontroverted factual allegations of the complaint [are]
accepted as true and construed in the light most favorable to the nonmoving party." Jordan v. State
Agency of Transp., 166 Vt. 509, 511 (1997). Such motions shall not be granted "unless it appears
beyond doubt that there exists no facts or circumstances that would entitle the plaintiff to relief."
Murray v. City of Burlington, 2012 VT 11, 1 2. The same standard applies to motions under V.R.C.P.
12(b)(6). Id In accepting factual allegations as true, courts are "not required to accept as true
conclusory allegations or legal conclusions masquerading as factual conclusions." Colby v. Umbrella,
Ine., 2008 VT 20, q 10.
Factual Allegations
Plaintiff owns real property located at 157 Granger Street in Rutland, Vermont. Defendant
entered into two written lease agreements to rent 157 Granger Street, Rutland, Vermont.
Defendant's monthly rent is $1,071 per month, due the first of the month. Defendant breached his
lease agreement by failing to pay his monthly rent. On May 11, 2024, Defendant was served with a
notice of termination. The notice of termination states the following: