Northgate Hous. Ltd. v. Massie (2005)

Citation: Northgate Hous. Ltd. v. Massie (2005)
Parent Document: Northgate Hous. Ltd. v. Massie (2005)
Jurisdiction: Vermont (state)
Effective Date: 2005-01-31
Original Source: https://www.courtlistener.com/opinion/4490177/northgate-hous-ltd-v-massie/ ↗

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Plaintiff landlord filed a two-count complaint against defendant
tenants alleging that tenants breached their lease agreement and making an
anticipatory claim that tenants’ failure to pay landlord’s attorneys’ fees
would be an additional breach of the lease. Count II, landlord’s claim for
anticipatory breach, was dismissed by an order dated January 6, 2004. In
that order, the court stated that there was “[n]o need for a separate cause of
action for atty fees. Such fees are normally dealt with as costs after trial.”
Northgate Hous. Ltd. P’ship v. White, Docket No. S1046-03 CnC (Katz, J.,
Jan. 6, 2004). Landlord now moves for summary judgment on the
remaining claim of back rent as well as for other damages and attorneys’
fees. Tenants’ opposition to this motion does not dispute any of the facts
alleged by landlord. For the reasons stated below, landlord’s motion for
summary judgment is granted.

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