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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Fourth, the majority’s construction of the statute raises the specter that the landlord will not be able to evict the tenant without commencing a new action even where it is absolutely clear that the tenant is in breach because of his failure to make the agreed-upon payments on the arrearage. If, as the majority holds, RSA 540:13-c, II does not permit agreements that require payment of ongoing rent during the scheduled period until the arrearage is fully retired, then the landlord’s acceptance of any future rent payments arguably may be deemed a waiver of his right to recover possession without undertaking a new eviction proceeding. Cf. Miller v. Slania Enters., 150 N.H. 655, 661 (2004) (citing Corcoran Management Co., Inc. v. Withers, 513 N.E.2d 218, 222-23 (Mass. App. Ct. 1987) for the “general rule ... that after effective date of valid notice to terminate tenancy, payment of rent in *126advance for period after termination of tenancy, and acceptance by landlord thereof, is prima facie evidence of waiver of right to recover possession absent new notice”).2

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