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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It must be noted that, although RSA 540:13, VII (2007) permits a landlord to accept rental arrearage payments while a possessory action is pending without being deemed to have created a new tenancy, provided the landlord informs the tenant in writing of the landlord’s intention to proceed with the eviction, this section would not preclude the tenant from asserting, under the majority’s construction of RSA 540:13-e, II, the waiver position asserted in the text because, by its terms, RSA 540:13, VII does not apply to the acceptance oí future .rent payments. See Miller, 150 N.H. at 660.

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