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

1,073 chars

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 advance 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

Other Sections in This Document (77)

Full Text