Zurmuhlen v. Uchida

Plaintiff, the owner of business premises in Manchester Center, Vermont, brought this eviction action against defendant, who leased the premises and ran a retail clothing business, because defendant had made extensive renovations in the property in violation of the lease agreement. The trial court held for defendant lessee on the ground that plaintiff lessor waived her right to terminate the lease. We affirm.

The parties entered into the six-year lease agreement in late 1983. Article VIII of the lease provides in part:

Lessee agrees that it will not make any alterations in or upon the Premises…