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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Execusuite v. Cable (2025)

Citation
Execusuite v. Cable (2025)
Parent Document
Execusuite v. Cable (2025)
Jurisdiction
Vermont (state)
Effective Date
2025-03-06

Full Text

978 chars
Here, the undisputed facts show that Mr. McFadden stopped occupying the apartment as a full-
time residence, and stopped paying rent, but expressed on at least five occasions that he intended to
continue possessing the unit. He expressed on June 10th and 11th that he intended to move out soon,
but had not yet done so. He objected on June 12th to the entry of plaintiff's agents into his apartment,
explaining that he had not yet turned in his key. He expressed twice on June 29th that he had not
moved out, and he acted twice to move his personal belongings back into the apartment. In other
words, although Mr. McFadden stopped living at the apartment, this is not a case where he
disappeared, and did not respond to the landlord's reasonable efforts to ascertain his intentions. He
responded to the landlord's inquiries, and he repeatedly expressed an intention to remain in possession.
No finding of a "voluntary relinquishment" of the apartment is possible on these facts.