Mack v. Morel (2025)

Citation: Mack v. Morel (2025)
Parent Document: Mack v. Morel (2025)
Jurisdiction: Vermont (state)
Effective Date: 2025-02-18
Original Source: https://www.courtlistener.com/opinion/10334687/mack-v-morel/ ↗

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In their opposition, the Macks point to Vermont case law that indicates when a tenant holds
over past the end of a written lease term, the tenancy becomes an at-will tenant but converts to a
periodic tenancy once the tenant continues to honor their lease obligations and Landlord accepts.
Maniatty v. Carroll Co., 114 Vt. 168, 169 (1945). In such a case, “the tenant holds the premise subject
to all covenants and conditions of the original lease, without any stipulation or bargain to that
effect.” Id. While the resulting tenancy is called a periodic tenancy, it is also a tenancy by consent.
As the Vermont Supreme Court has noted, the evidence of the “new tenancy” arises from the
consent that the landlord gives, “either expressly or constructively,” after the tenant holds over
beyond the original term. Bergeron v. Forger, 125 Vt. 207, 211–12 (1965).

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