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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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       In effect, the landlords argue that the statutory scheme purposely
intends that tenants not be informed of the legal significance of the statutorily-
mandated eviction notice so as to prevent tenants from being aware of their
legal right to contest evictions. The landlords assert that, if a tenant is aware
of his right to contest an eviction, then every tenant will do so and every
“landlord dispossession [will require] a judicial order,” resulting in a “deluge of
cases.” We decline to attribute to the legislature an intent to ensure that
tenants are not informed of their right to contest what may be a false or
mistaken attempt to evict in the hope that tenants will erroneously believe that
the eviction notice does require them to vacate, regardless of whether they have
a defense to the eviction.