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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In contrast to this lack of evidence regarding the initial breach,
landlord has sufficient evidence to establish a violation of the lease
beginning after November 30, 2003. On October 28, 2003, tenants gave
notice that they were voluntarily terminating the lease and moving out as of
November 30, in conformance with § 2 of the lease. When tenants failed to
move out, their misrepresentation caused landlord to incur expenses in
finding alternative housing for its new tenants and violated § 30(A) of the
lease agreement. (“Upon termination of this Lease, the Resident will
surrender and deliver up the unit together with any improvements,
additions, or alterations to such unit, free of all occupants and Residents . .
.”). This evidence shows that tenants were in violation of the lease after
November 30, 2003 for failure to surrender and deliver up the apartment.
Landlord, therefore, is entitled to reasonable costs and attorneys’ fees
incurred after that date.

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