Penrich, Inc. v. Sullivan, 140 N.H. 583 (1995)

Citation: Penrich, Inc. v. Sullivan, 140 N.H. 583 (1995)
Parent Document: Penrich, Inc. v. Sullivan, 140 N.H. 583 (1995)
Jurisdiction: New Hampshire (state)
Effective Date: 1995-12-29
Original Source: https://www.courtlistener.com/opinion/8091585/penrich-inc-v-sullivan/ ↗

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On remand, the Superior Court {Manias, J.) granted Penrich’s motion for summary judgment on the petition for declaratory judgment and declared that “the defendants’ actions in withholding rent absent court order under RSA 205-A:17 or 540:13-d were unlawful. Plaintiff may henceforth commence eviction proceedings for nonpayment of rent, to the extent authorized by law, and according to the procedural requirements of RSA ch. 205-A and ch. 540.” On appeal, the defendants raise several arguments to support their contention that the superior court erred as a matter of law in declaring unlawful the unilateral withholding of rent. We address only those arguments that have merit. See Vogel v. Vogel, 137 N.H. 321, 322, 627 A.2d 595, 596 (1993).

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