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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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The plaintiffs brought this action under RSA chapter 540 to evict the defendant from the premises. The trial court held that a tenant could not avoid a landlord-tenant action by withholding rent for claimed breaches of warranty. On the other hand, it noted, a residential tenant may claim offsets against unpaid rent for breaches of the warranty of habitability. The court concluded: “As a matter of contract law, by analogy, a commercial tenant should therefore be permitted to offset its damages against any unpaid rent.”