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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 plain meaning of this provision is that the type of defense the defendant sought to assert here, namely, one “which offsets or reduces the amount owed to the plaintiff[s],” is available only “[i]f the landlord elects to make a claim for unpaid rent.” Id. The landlord here did not so elect, but rather sought possession of the premises only. Thus, the trial court erred in offsetting the defendant’s damages against the past-due rent and in ruling that the defendant could avoid eviction by paying the net amount of rent owed. Accordingly, we reverse the trial court’s order.