Skip to main content
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

1,068 chars
The trial court ruled that a tenancy at will was created on April 25. See RSA 540:1 (1997). Even if we assume, however, that the new tenancy incorporated the terms of the prior lease and that the tenants violated that agreement by holding a party on the evening of April 25, the landlord was not authorized to utilize the writ of possession issued for nonpayment of rent to evict the tenants for this new violation of their agreement. But cf. RSA 540:13-c, TI (1997) (parties not prohibited from agreeing, in nonpayment of rent case, that in spite of judgment for landlord, writ of possession shall not be issued if tenant makes agreed-upon payments, and if payments not made, landlord may request issuance of writ). The landlord is prohibited from attempting to circumvent the lawful procedures for eviction pursuant to RSA chapter 540. See RSA 540-A:2 (1997). No lease or rental agreement, oral or written, may contain any provision by which a tenant waives any of his or her rights under RSA chapter 540, and any such waiver is null and void. See RSA 540:28 (1997).