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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Neither the implied warranty of habitability that we recognized in Kline v. Burns, 111 N.H. 87, 276 A.2d 248 (1971), nor the statutory language of RSA chapter 205-A or RSA 540:13-d, immunizes a manufactured housing park tenant who withholds rent without a court order from an action for possession. In Kline, we held that a tenant can obtain relief from a breach of the implied warranty of habitability by “instituting an action for breach of warranty or by offsetting his damages against a claim made against him by the landlord.” Kline v. Burns, 111 N.H. at 93, 276 A.2d at 252. We have never held that a landlord is prevented from bringing an action for possession against a tenant who unilaterally withholds rent simply because the tenant alleges a breach of the implied warranty of habitability, and we decline to do so today.

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