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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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Certain defenses are recognized in RSA chapter 540 itself, and those defenses are of course cognizable in a summary proceeding brought under that statute. For instance, RSA 540:13-d (1997) provides a defense to a possessory action brought for failure to pay rent for a substantial violation of “standards of fitness for health and safety” that “materially affects the habitability of Lthe] premises.” The defendant argues that the trial court had the authority to order relief under this section. We disagree. By its terms, RSA 540:13-d applies only to “any premises leased or rented for residential purposes, other than for vacation or recreation.” It therefore does not apply to this commercial lease.