Miller v. Slania Enterprises, Inc., 150 N.H. 655 (2004)

Citation: Miller v. Slania Enterprises, Inc., 150 N.H. 655 (2004)
Parent Document: Miller v. Slania Enterprises, Inc., 150 N.H. 655 (2004)
Jurisdiction: New Hampshire (state)
Effective Date: 2004-03-15
Original Source: https://www.courtlistener.com/opinion/8092853/miller-v-slania-enterprises-inc/ ↗

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We disagree with the landlord’s reading of the trial court’s order. We do not understand the trial court to have ruled either that the original lease provision was invalid or that the landlord’s claim under that provision for the May rent was barred by any statute of limitations. Rather, as the trial court correctly found, the landlord was paid $2,000 as rent for the month of May under the new tenancy created on April 25. In other words, after the original tenancy under the lease had terminated, the landlord did re-let the premises on April 25. It received $3,200, an amount equal to the total amount of rent that the tenants would have owed under the original lease through its expiration date. Because the premises were in fact re-let and the landlord received an amount equal to the full rent to which it would have been entitled under the original lease, the landlord was not entitled to an award of damages under the “savings clause” or general contract law for the May rent of $2,000.

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