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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Matte v. Shippee Auto, Inc., 152 N.H. 216 (2005)

Citation
Matte v. Shippee Auto, Inc., 152 N.H. 216 (2005)
Parent Document
Matte v. Shippee Auto, Inc., 152 N.H. 216 (2005)
Jurisdiction
New Hampshire (state)
Effective Date
2005-05-20

Other Sections in This Document (31)

Full Text

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*217The record supports the following facts. The defendant leases space in a commercial building shared by it and the plaintiffs. The lease requires the defendant to pay a fixed rent of $2,000 per month, plus a portion of real estate tax increases as additional rent. Evidence was presented at trial that the roof has leaked periodically since the defendant has been in the building. The leaking became steadily worse during the summer of 2003. In December 2003, the defendant began withholding rent, stating through counsel that it would continue to do so until it “stop[ped] raining into [its] space.” At the time of trial, the defendant was also behind on the additional tax rent. The defendant represented at trial that the rent due had been placed in an escrow account.