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Case Citations [1] (April 2017 through August 2017)

handle is hein.ali/resdplltnt0031 and id is 1 raw text is: PROPERTY 2D: LANDLORD AND TENANT PART IV. LANDLORD'S RIGHTS AND REMEDIES CHAPTER 12. TENANT'S OBLIGATIONS THAT INHERE IN THE LANDLORD-TENANT RELATIONSHIP § 12.2 Tenant's Rights and Obligations As to Changes in the Physical Condition of the Leased Property Vt.2016. Subsec. (2) cit. in sup.; coms. (d), (g), (h), and (i) cit. in sup.; illus. 5 and 20 cit. in sup.; Rtpr's Note 10 cit. in sup. Lessor under a multi-year ground lease of property next to a lake sued lessee, seeking to void the lease and reenter the premises on the ground that lessee had violated its lease obligations by failing to maintain the embankments abutting the lake to protect them from erosion. After a bench trial, the trial court found in favor of lessor, but declined to terminate the lease. Reversing in part, this court held that lessor was entitled to terminate the lease as a matter of law in light of, among other things, the trial court's findings that the erosion of the embankments went beyond ordinary wear and tear and constituted waste. The court cited Restatement Second of Property: Landlord & Tenant § 12.2 in noting that ordinary wear and tear was defined with reference to reasonable conduct by the lessee and that a lessee could be obligated to take affirmative steps to protect the leased property from damage inflicted by the elements or unrelated third parties. Mongeon Bay Properties, LLC v. Mallets Bay Homeowner's Ass'n, 149 A.3d 940, 949, 950, 956. CHAPTER 13. NONPERFORMANCE OF TENANT'S PROMISE § 13.1 Nonperformance of Tenant's Promise-Remedies Available Vt.2016. Cit. in sup.; com. (c) cit. in sup.; com. (k) and Rptr's Note 9 quot. in sup. Lessor under a multi- year ground lease of property next to a lake sued lessee, seeking to void the lease and reenter the premises on the ground that lessee had violated its lease obligations by failing to maintain the embankments abutting the lake to protect them from erosion. After a bench trial, the trial court found in favor of lessor, but declined to terminate the lease. Reversing in part, this court held that lessor was entitled to terminate the lease as a matter of law, given the trial court's findings that lessee substantially defaulted under the lease and given that lessor timely and clearly asserted its election to terminate the lease under its terms. The court noted that, under Restatement Second of Property: Landlord and Tenant § 13.1, the election to terminate a lease belonged to the landlord, rather than the defaulting tenant or the trial court. Mongeon Bay Properties, LLC v. Mallets Bay Homeowner's Ass'n, 149 A.3d 940, 956. A L I , For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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