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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Finally, the majority’s construction of RSA 540:13-c, II undermines the beneficent goals the statute is designed to achieve. The obvious purpose of this statute is to permit landlords and tenants, when each believes it is in his or her interest to do so, to maintain their ongoing relationship despite the fact that the tenant has fallen behind in rent payments. The tenant benefits by avoiding eviction and by being given more time to “catch up” on the arrearage. The landlord benefits because, after establishing the right to possession and obtaining a judgment, the landlord avoids the need to find a new tenant while retaining the ability to quickly execute on the judgment merely by requesting issuance of the writ of possession if the tenant fails to comply with the terms of the agreement. The landlord also benefits by being paid the arrearages without the need for further court proceedings and the uncertainty of trying to collect on any money judgment the landlord may obtain.

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