White Cliffs at Dover v. Bulman, 151 N.H. 251 (2004)

Citation: White Cliffs at Dover v. Bulman, 151 N.H. 251 (2004)
Parent Document: White Cliffs at Dover v. Bulman, 151 N.H. 251 (2004)
Jurisdiction: New Hampshire (state)
Effective Date: 2004-07-16
Original Source: https://www.courtlistener.com/opinion/8092914/white-cliffs-at-dover-v-bulman/ ↗

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We hold that the language of RSA 540:13-b is unambiguous. According to the plain language of the statute, a rebuttable presumption of retaliation is created when a landlord institutes a possessory action within six months of receiving notice of an alleged violation from the tenant. Here, the possessory action was filed on May 9,2003. Thus, for the statute to apply, White Cliffs must have received notice of the alleged violation after November 9, 2002. Because there was no notice to White Cliffs of an alleged violation after November 9, 2002, Bulman was not entitled to the statutory presumption of retaliation under RSA 540:13-b.

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