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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Richard Horton & a. v. David Clemens & a. (2020)

Citation
Richard Horton & a. v. David Clemens & a. (2020)
Parent Document
Richard Horton & a. v. David Clemens & a. (2020)
Jurisdiction
New Hampshire (state)
Effective Date
2020-08-11

Other Sections in This Document (35)

Full Text

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RSA chapter 540 authorizes summary possessory actions to simplify and
facilitate the landlord’s recovery of possession of the premises. So. Willow
Properties v. Burlington Coat Factory of N.H., 159 N.H. 494, 498 (2009). The
purpose of such actions “is to permit the landlord to recover possession on
termination of a lease without suffering the delay, loss and expense to which he
may be subjected under a common-law action.” Id. (quotation omitted). “The
process is intended to be summary and is designed to provide an expeditious
remedy to the landlord seeking possession.” Matte v. Shippee Auto, 152 N.H.
216, 218 (2005) (quotation omitted). “Because RSA chapter 540 establishes
rights and benefits which a landlord did not enjoy at common law, strict
compliance with its terms is required.” So. Willow Properties, 159 N.H. at 498
(quotation and brackets omitted).