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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Miller v. Slania Enterprises, Inc., 150 N.H. 655 (2004)

Citation
Miller v. Slania Enterprises, Inc., 150 N.H. 655 (2004)
Parent Document
Miller v. Slania Enterprises, Inc., 150 N.H. 655 (2004)
Jurisdiction
New Hampshire (state)
Effective Date
2004-03-15

Other Sections in This Document (39)

Full Text

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Nor need we decide whether RSA 540:13, VII creates, by negative implication, a new tenancy when a landlord accepts a rental arrearage while a possessory action is pending without providing the statutory written notice to the tenant. At oral argument, landlord’s counsel agreed that if we were to conclude that the statute does not apply, it would still be necessary to determine whether a new tenancy was otherwise created. When asked whether we should remand the case to the district court for such a determination, landlord’s counsel requested that we decide whether *661a new tenancy had been created. Because the relevant facts before us are undisputed, we accept the invitation. We conclude that in this case, regardless of whether RSA 540:13, VII applies, a new or renewed tenancy was created that required the landlord to again comply with the procedures in RSA chapter 540 to evict the tenants.