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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By its terms, this provision applies only when tenants have violated the
lease and not necessarily when litigation begins. Landlord first brought its
complaint in August 2003, alleging that tenants had violated the lease by
failing to sign an amendment. The landlord’s affidavit for summary
judgment, however, does not address this alleged breach. There is, in fact,
a shortage of proof that the tenants were in violation of the lease at the
beginning of this case. For example, § 23 (E) of the lease says that a lease
is effectively terminated for failure to accept an amendment only “at the
end of any initial or successive term.” Neither landlord nor tenant has
provided any evidence of when tenant’s term ended and whether the
August action was brought in a timely manner.

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