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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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RSA 540-A:2 provides in pertinent part: “No landlord shall willfully violate a tenant’s right to quiet enjoyment of his tenancy or attempt to circumvent lawful procedures for eviction pursuant to RSA 540.” RSA 540-A:3, II (1997) prohibits a landlord from “willfully” seizing or otherwise denying a tenant access to and possession of the tenant’s rented or leased premises, other than through proper judicial process. In Rood v. Moore, 148 N.H. 378, 379 (2002), we noted that although “willful” is a word of many meanings depending upon the context, we have usually interpreted it to exclude an act committed under a mistaken belief of the operative facts. “A willful act is a voluntary act committed with an intent to cause its results. It is not, by contrast, an accident or an act committed on the basis of a mistake of fact.” Rood, 148 N.H. at 379 (quotation omitted). Accordingly, we held that a landlord who entered a tenant’s premises under an honestly mistaken understanding of the tenant’s consent to such entry did not violate RSA 540-A:2. Id.