Mountain View Park, LLC v. Gerald Robson, Jr., 168 N.H. 117 (2015)

Citation: Mountain View Park, LLC v. Gerald Robson, Jr., 168 N.H. 117 (2015)
Parent Document: Mountain View Park, LLC v. Gerald Robson, Jr., 168 N.H. 117 (2015)
Jurisdiction: New Hampshire (state)
Effective Date: 2015-08-11
Original Source: https://www.courtlistener.com/opinion/2826159/mountain-view-park-llc-v-gerald... ↗

Full Text

1,215 chars

Although the agreement provided that the plaintiff would not seek a writ of possession so long as the defendant made payments toward his arrearages, the plain language of the agreement also allowed for the *121issuance of a writ of possession based upon the defendant’s failure to pay-regular monthly rent for his occupancy after the agreement was entered into. This is prohibited by RSA 540:28. See id. The defendant cannot — in an agreement — waive his right to challenge any possessory action based upon his nonpayment of future monthly rent, as such an agreement would be null and void. See id.; see also, e.g., RSA 540:3, IV (2007) (“If the eviction notice is based on nonpayment of rent, the notice shall inform the tenant of his or her right, if any, to avoid the eviction by payment of the arrearages and liquidated damages in accordance with RSA 540:9.”); RSA 540:13-a (2007) (providing for the defense of retaliation); RSA 540:13-d (2007) (providing defenses in cases involving violations of the standards of fitness for health and safety); RSA 540:20 (2007) (allowing parties to appeal decisions to the supreme court). Accordingly, we affirm the trial court’s decision declining to approve the agreement.

Other Sections in This Document (77)

Full Text