Colonial Village, Inc. v. Pelkey, 157 N.H. 91 (2008)

The July 12 letter expressly stated that “[the landlord’s] acceptance of. . . future rent should not be construed as a waiver to issue a notice to quit.” The tenant concedes that “the [landlord] did not intend to create a new tenancy by accepting rent from the [the tenant].” Though the tenant argues that the July 12 letter was ineffective because it was given to him before the landlord served him with a notice to quit, we disagree. In the context of this case, the July 12 letter, given to the tenant after the first eviction proceeding was dismissed and before the second one was initiated, served to put the tenant on notice that the landlord’s acceptance of future rent would not waive its right to evict him. Further, after the tenant was served with a notice to quit, the landlord sent a letter to the tenant’s attorney stating that it “intend[ed] to proceed with the eviction proceedings.”