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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       Although the agreement provided that the plaintiff would not seek a writ
of possession so long as the defendant made payments toward his arrearages,
the plain language of the agreement also allowed for the issuance of a writ of
possession based upon the defendant’s failure to pay regular monthly rent for
his occupancy after the agreement was entered into. This is prohibited by RSA
540:28. See id. The defendant cannot — in an agreement — waive his right to
challenge any possessory action based upon his nonpayment of future monthly
rent, as such an agreement would be null and void. See id.; see also, e.g., RSA
540:3, IV (2007) (“If the eviction notice is based on nonpayment of rent, the
notice shall inform the tenant of his or her right, if any, to avoid the eviction by
payment of the arrearages and liquidated damages in accordance with RSA
540:9.”); RSA 540:13-a (2007) (providing for the defense of retaliation); RSA
540:13-d (2007) (providing defenses in cases involving violations of the
standards of fitness for health and safety); RSA 540:20 (2007) (allowing parties
to appeal decisions to the supreme court). Accordingly, we affirm the trial
court’s decision declining to approve the agreement.

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