malone 118 main st v hugos restaurant, No. 23-cv-1881 (Vt. Super. Ct. 2026)

Citation: malone 118 main st v hugos restaurant, No. 23-cv-1881 (Vt. Super. Ct. 2026)
Parent Document: malone 118 main st v hugos restaurant, No. 23-cv-1881 (Vt. Super. Ct. 2026)
Jurisdiction: Vermont (state)
Effective Date: 2026-03-30
Original Source: https://www.vermontjudiciary.org/media/20130 ↗

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In Section 12, the Lease enumerates additional obligations of the Tenants. It includes
Section 12(b), which states that the Tenants “will pay for its own electricity, district heat,
propane supplied heat, and water and sewer charges to be billed through CAM based on Tenant’s
proportionate share.” Id. at § 12(b). The Lease does not mention utilities anywhere else in the
Lease. There is no language requiring tenants to put any utilities in their own name or take
control of any particular accounts associated with these services. There is no suggestion that
Defendants as Tenants would be obligated or even authorized to take such actions.
The overall language of the lease demonstrates that the parties intended something close
to a triple net lease. Brenner v. Amerisure Mutual Ins. Co., 893 N.W.2d 193, 195 n.1 (Wisc.
2017) (describing the characteristics of a triple net lease). In a “triple net lease,” the tenant
typically pays a monthly lump sum rent and is also responsible for maintenance, insurance, real
estate taxes, and utilities. Id.4 In this case, the parties agreed that Plaintiff would receive a
regular, fixed monthly payment of rent that would only increase 2.5% each year over the life of
the lease.
Looking to the other terms of the Lease, the Court finds that the language assigns other
costs associated with the premises in different permutations. For example, the insurance
provisions of Section 8 require each party to obtain and maintain their own insurance policies.
Id. at § 8. Plaintiff was required to obtain a premise liability policy, and Defendants were
required to obtain a personal property/fixture replacement policy and a general liability policy of
up to two million dollars.5 Only Defendants were required to make Plaintiff a co-insured on
their policies.

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