The record supports the following: The landlord entered into consecutive lease agreements with the tenant from 2002 through 2005. In September 2005, the landlord served the tenant with a notice to quit, but, thereafter, accepted rent from the tenant. At the first eviction hearing, the tenant argued that the landlord’s acceptance of rent created a new tenancy, thus requiring the landlord to begin new eviction proceedings. He cited Miller v. Slania Enterprises, 150 N.H. 655, 657, 661 (2004), in which we held that a landlord who had obtained a writ of possession, but thereafter accepted *92future rent and rental arrearages from the tenant, created a new tenancy and was required to bring a new eviction action. The trial court, also citing Miller, found that the landlord had not accepted the rent under circumstances that would overcome a presumption of waiver, such as placing the tenant “on notice that the eviction will proceed regardless of rent payment.” Accordingly, it dismissed the first eviction action, and the tenant continued to occupy the apartment.