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... ↗

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RSA 540:13-c, II (emphases added). Focusing on the words “nonpayment of rent,” the majority concludes that the statute authorizes agreements that allow for the issuance of a writ of possession at the request of the landlord only where the tenant fails to pay rent that is already due at the time the agreement is made, ie., rent arrearages, in accordance with the agreement. If the agreement also encompasses the tenant’s obligation to make ongoing rent payments, the majority insists that the agreement impermissibly waives the tenant’s rights and is unenforceable. Instead of allowing the landlord to request issuance of a writ of possession at the time the *124agreement is breached, the majority holds that, if what the tenant fails to pay is ongoing rent and not arrearage payments, the landlord must commence an entirely new eviction proceeding.

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