AIMCO Properties, LLC v. Dziewisz, 152 N.H. 587 (2005)

Citation: AIMCO Properties, LLC v. Dziewisz, 152 N.H. 587 (2005)
Parent Document: AIMCO Properties, LLC v. Dziewisz, 152 N.H. 587 (2005)
Jurisdiction: New Hampshire (state)
Effective Date: 2005-09-07
Original Source: https://www.courtlistener.com/opinion/8093068/aimco-properties-llc-v-dziewisz/ ↗

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RSA 540:2, II states that it applies to “any tenancy.” The plain meaning of any is “every” or “all.” Webster’s Third New International Dictionary 97 (2d unabridged ed. 2002). Prior to the expiration of the lease, the defendant had a leasehold tenancy. On August 31, 2004, the defendant’s lease expired; when the lease expired and the defendant did not vacate the apartment, she became a tenant at sufferance. See Hill v. Dobrowolski, 125 N.H. 572, 575 (1984) (“A tenant who, without any agreement, holds over after his term has expired is a tenant at sufferance.”). Thus, at all times relevant to these proceedings, the plaintiff and defendant had a landlord-tenant relationship. Regardless of whether the defendant had the status of a leasehold tenant or the status of a tenant at sufferance, the plaintiff needed good cause to terminate the defendant’s tenancy.

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