The defendant’s first argument is without merit in this proceeding because the claim of lack of jurisdiction based upon RSA 540:3, IY relates to the issue of nonpayment of rent, and this claim was waived at argument. Secondly, the plaintiff was entitled to institute an eviction action under RSA chapter 540. The provisions of RSA chapter 540 may be invoked in a case in which a landlord and tenant relationship exists. Stockbridge v. Nute, 20 N.H. 271, 273 (1850) (citing R.S. chapter 209, a predecessor to RSA chapter 540). The plaintiff and the defendant clearly had such a relationship, which was governed by the terms of the lease which provided that, upon the defendant’s failure to comply with its terms, his life tenancy would terminate, and the plaintiff could repossess the premises. Because the defendant allegedly breached the conditions of the lease, which breach entitled the plaintiff to repossess the premises, the plaintiff had a sufficient possessory interest to bring an action pursuant to RSA 540:12.