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... ↗

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Second, in violation of our canons of construction, the majority adds language to RSA 540:13-c, II that the legislature did not see fit to include. See, e.g., Strike Four v. Nissan N. Am., 164 N.H. 729, 735 (2013). The statute states that, when an agreement has been reached, “a writ of possession shall not be issued, if the [tenant] makes payments in accordance with a schedule designated in the agreement.” RSA 540:13-c, II *125(emphasis added). The majority, however, reads the word “payments” as “payments of past due rent,” thus interpreting the pertinent language as if it stated: “a writ of possession shall not be issued, if the [tenant] makes payments of past due rent in accordance with a schedule designated in the agreement.” If the legislature intended “payments” to be limited to past due rent payments, it would have said so. By adding such language, the majority effectively amends, rather than merely construes, the statute.

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