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Dobens v. Fagnant, 2025 N.H. 31 (2025)

Citation
Dobens v. Fagnant, 2025 N.H. 31 (2025)
Parent Document
Dobens v. Fagnant, 2025 N.H. 31 (2025)
Jurisdiction
New Hampshire (state)
Effective Date
2025-07-17

Full Text

1,334 chars
[¶12] Nothing in RSA chapter 205-A suggests that the fact that a lease
providing that the plaintiffs were entitled to occupy their manufactured
housing unit only seasonally relieves the defendant from its statutory
obligation to provide notice pursuant to RSA 205-A:3. The defendant argues
that RSA 205-A:3, III does not apply to “holdover tenants in seasonal
manufactured housing parks.” Although the defendant is correct that RSA
chapter 205-A does not specifically address seasonal parks, we disagree with
his contention that this omission means that the statute does not apply to
seasonal parks. Reading RSA chapter 205-A to exclude seasonal parks would
require us to read an exception into the statute that the legislature did not see
fit to include, which we decline to do. See Appeal of Cover, 168 N.H. 614, 622
(2016). Other statutes relating to property rental specifically provide
exceptions for seasonal, short term, and vacation rentals. See, e.g., RSA
540:1-a, IV(b) (2021) (providing that a “tenancy” shall not include occupants in
“[r]ooms in hotels, motels, inns, tourist homes and other dwellings rented for
recreational or vacation use”). If the legislature desired to limit the application
of RSA chapter 205-A to exclude seasonal parks, it could have done so. See In
re Estate of McCarty, 166 N.H. 548, 551 (2014).