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
Original Source: https://www.courtlistener.com/opinion/8093024/matte-v-shippee-auto-inc/ ↗

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The doctrine that the defendant would have us adopt is contrary to the common law rule that the covenants of a lease are independent, and only an actual or constructive eviction will relieve a tenant of his obligation to pay rent. See Wesson v. Leone Enterprises, Inc., 774 N.E.2d 611, 620 (Mass. 2002). We noted the independent covenants rule in Kline, 111 N.H. at 91, and while we recognized therein an implied warranty of habitability in residential leases, see id. at 92, we did not adopt the tenants’ contention that “the duty to comply with the [housing] code was a contractual obligation of the landlords to the tenants and that their obligation to pay rent was dependent on the landlords’ performance of their obligation,” id. at 90. Rather, we noted the common law rule that “[t]he landlord’s breach of an express covenant to repair does not excuse, nor is it a defense to, the failure of the tenant to pay rent,” id., and the remedies afforded tenants by our adoption of the warranty of habitability in that case do not vitiate that rule.

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