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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Here, RSA 540:28 sets forth the general rule: “No lease or rental
agreement . . . shall contain any provision by which a tenant waives any of his
rights under [RSA chapter 540], and any such waiver shall be null and void.”
The majority correctly interprets this statute to prohibit the enforcement of any
agreement whereby a tenant prospectively waives his protections under the
chapter with respect to future rent payments. In other words, the general rule
prohibits an eviction based on nonpayment of as-yet-undue rent without the
initiation of a new eviction proceeding.

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