Atwood v. Owens, 142 N.H. 396 (1997)

Citation: Atwood v. Owens, 142 N.H. 396 (1997)
Parent Document: Atwood v. Owens, 142 N.H. 396 (1997)
Jurisdiction: New Hampshire (state)
Effective Date: 1997-11-06
Original Source: https://www.courtlistener.com/opinion/8091827/atwood-v-owens/ ↗

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RSA 540-A:6, I, provides: “A landlord shall not demand or receive any security deposit in an amount or value in excess of one month’s rent or $100, whichever is greater.” “Landlord” is defined by the statute as “a person . . . who rents or leases to another person a rental unit,” RSA 540-A:5, I (1997), and a “rental unit” is defined as “each separate part of any residential premises which has full facilities for habitation, including contiguous living, sleeping, kitchen and bathroom facilities, which is held out for rental by the landlord.” RSA 540-A:5, IV (1997) (emphasis added). The plaintiff argued he was not in violation of RSA 540-A:6 because the defendants signed the agreement “in the context of a leasehold of a commercial building” and therefore he was exempt from the statute.

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