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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