Articles Posted in Landlord - Tenant

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Plaintiff-landlord, Mountain View Park, LLC appealed a circuit court decision in which the court declined to approve an agreement concerning, in part, rent arrearages owed by defendant-tenant Gerald Robson, Jr., and issued a writ of possession. In June 2013, the parties entered into a rental agreement, whereby defendant rented a mobile home owned by plaintiff. Defendant eventually fell behind in his rent payments. In May 2014, plaintiff served defendant with a demand for rent and an eviction notice. When defendant failed to pay the rent arrearages, plaintiff filed this possession action. In June 2014, the parties entered into an agreement to cure defendant’s arrearages and avoid eviction. The agreement was submitted to the trial court for approval; however, the court declined to approve it. In its denial of plaintiff’s motion for reconsideration, the court explained that the “agreement provides for issuance of a writ of possession for an indefinite period of time in the future for the nonpayment of future rent not yet due, in addition to the unpaid rent which forms the basis of this eviction action,” and that RSA 540:13-c, II (2007) “does not include authority of the court to issue a writ of possession at some indefinite time in the future for the nonpayment of future rent not yet due.” Finding no reversible error, the Supreme Court affirmed the circuit court's judgment. View "Mountain View Park, LLC v. Robson" on Justia Law

Posted in: Landlord - Tenant

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Respondent J Four Realty, LLC appealed a circuit court order that found it violated RSA 540-A:2 and :3, II (2007) by using self-help to evict petitioner Mary Evans, and awarding her actual damages of $3,000 and attorney’s fees and costs. Petitioner did not have a written lease; she resided in the apartment as a tenant at will pursuant to an informal agreement with the prior owner. Respondent purchased the property from a foreclosure sale. Petitioner continued to pay rent to the prior owner. Respondent dispatched an agent to evict petitioner. She then brought suit and won at trial. Upon review, the Supreme Court concluded that petitioner was a tenant at sufferance, and that respondent was not her landlord under New Hampshire law. However, pursuant to case law and statutory authority, even though respondent was not petitioner's landlord, respondent was not entitled to use self help to evict petitioner. The case was affirmed in part, reversed in part, and remanded for further proceedings. View "Evans v. J Four Realty, LLC" on Justia Law

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Petitioner Joel Harrington appealed a superior court order in favor of Respondent Metropolis Property Management Group, Inc. (Metropolis). On May 27, 2005, Petitioner entered into a residential lease for an apartment at Hollis Commons Apartments in Concord. The lease agreement required the petitioner to pay a security deposit of $875 to be held "until the termination of Lessee's occupancy." Petitioner entered into two lease renewals, the first in May 2006 renewing the lease for one year, and another in June 2007. The second renewal called for a term commencing on July 1, 2007, and ending "60 days after written notice has been given." The original lease agreement and both lease renewals identified "Hollis Commons Apartments, LLC" as the lessor. The parties had a dispute over the lease agreement and return of the security deposit. Petitioner argued that the trial court erred in finding that Metropolis was not a party to the lease agreement, and in dismissing his contract claims. Although the lease agreement and renewals all show "Hollis Commons Apartments, LLC" as the lessor and either Petitioner or the Petitioner and his wife as the lessees, Petitioner contended that Metropolis must be considered a party to the agreement. Upon review of the trial court record and the applicable legal authority, the Supreme Court affirmed the trial court's decision to dismiss Petitioner's case. View "Harrington v. Metropolis Property Management Group, Inc." on Justia Law

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Defendant-Tenant Wendy Wilson appealed a district court ruling that she breached her lease with Plaintiff Nashua Housing Authority. She rented an apartment in a public housing development. The lease provided that tenants "shall not engage in any drug related criminal activity on or off NHA property." Breach of that clause is cause for eviction from the leased unit. After reading a newspaper article about Defendant's arrest, the landlord sent her an eviction notice and subsequently brought a possessory action against Defendant for breach of the lease. At the eviction proceeding, the landlord introduced three criminal drug complaints that alleged Defendant "unlawfully dispensed and sold a certain narcotic drug, to wit: morphine." Defendant contended on appeal that the criminal complaints were not sufficient to prove she breached her lease. Upon review of the matter, the Supreme Court found that the criminal complaints were not sufficient to prove that Defendant had actually engaged in the alleged activity. As such, the Court reversed the eviction court's decision to the contrary. View "Nashua Housing Authority v. Wilson" on Justia Law

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Defendant Alicia Prentice appealed a district court’s judgment in favor of Plaintiff Phyllis Buatti. Defendant rented an apartment from Defendant. In September 2010, Defendant was served with a demand for rent alleging that the rent was three months in arrears. Subsequently, Defendant was served with a “notice to quit” requiring her to vacate the premises unless the rent was paid. Defendant’s argument on appeal to the Supreme Court was that the demand for rent exceeded the amount of back rent that was actually owed. Upon review, the Court found that the demand for rent exceeded the amount on the landlord’s "notice to quit." The trial court specifically found that neither party was able to prove the amount of the arrearage — the court simply found that an unspecified amount of rent had not been paid as required. The Supreme Court held that because the Plaintiff did not prove the actual amount in arrearage, the judgment in her favor should be reversed. Accordingly, the Court remanded the case back to the trial court for further proceedings. View "Buatti v. Prentice" on Justia Law