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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Another exception to the general rule is found in RSA 540:13-c, I (2007).
This statute allows the circuit court, after it has rendered a judgment for the
recovery of possession in favor of the landlord, to stay the dispossession of the
tenant for up to three months if the court decides “that under all the
circumstances justice requires such stay, based on the reasonableness and
good faith of the parties in their respective reports, complaints, demands, and
evidence.” RSA 540:13-c, I. If the court grants such a stay, however, the
tenant is required to “pay the landlord weekly in advance the weekly former
rent . . . and on default of any such advance weekly payment a writ of
possession shall be issued and the sheriff shall evict the tenant as soon as
possible.” Id. (emphasis added). Again, the plain language of this statute
makes clear that if a tenant who has been granted a stay fails to pay in
advance the future rent that becomes due during the period of the stay, the
writ of possession shall be issued and the tenant evicted without the need for
the landlord to commence a new eviction proceeding.

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