Mountain View Park, LLC v. Gerald Robson, Jr., 168 N.H. 117 (2015)

Citation: Mountain View Park, LLC v. Gerald Robson, Jr., 168 N.H. 117 (2015)
Parent Document: Mountain View Park, LLC v. Gerald Robson, Jr., 168 N.H. 117 (2015)
Jurisdiction: New Hampshire (state)
Effective Date: 2015-08-11
Original Source: https://www.courtlistener.com/opinion/2826159/mountain-view-park-llc-v-gerald... ↗

Full Text

1,146 chars

However, when an eviction proceeding is already extant, several sections of RSA chapter 540 provide exceptions to the general rule. One frequently utilized exception applies when a tenant against whom a writ of possession has been issued by the trial court wishes to appeal to this court. See RSA 540:25, I (2007). This provision requires a tenant desiring to pursue an appeal to pay ongoing rent “weekly and in advance” during the pendency of the appeal, and provides that if such rent is not paid, “the [circuit] court shall immediately mail a notice of default to the tenant and issue a writ of *123possession to the landlord” without the need for the landlord to initiate a new eviction action. RSA 540:25, I; see also RSA 540:20 (2007) (granting circuit court continuing jurisdiction after notice of appeal is filed “for the purposes of collecting rent pending appeal”); RSA 540:13, II(d)(3) (2007) (requiring that writ of summons served on tenant in eviction action be accompanied by notice informing tenant that if he wishes to appeal trial court’s ruling, he must pay ongoing rent as it becomes due until final disposition of the appeal).

Other Sections in This Document (77)

Full Text