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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First, although the independent covenants rule is a part of the common law, some areas of landlord-tenant law are now governed by legislatively-enacted rules and procedures. See RSA ch. 540 (1997 & Supp. 2004); RSA ch. 540-A (1997 & Supp. 2004). Admittedly, RSA 540:26 (1997) provides that “[n]othing in this chapter shall be construed to prevent a landlord from pursuing his legal remedy at common law,” and, therefore, “in New Hampshire, the old common-law actions of ejectment and entry have been *222retained and exist side by side with the statutory remedy, at the election of the suitor.” Cooperman v. MacNeil, 128 N.H. 696, 701 (1983). Nevertheless, we can envision ways in which changing common law rights and remedies might disrupt the legislatively-created framework governing RSA chapter 540 actions. Thus, we are reluctant to make such changes without first giving the legislature an opportunity to address the issue.

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