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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Great Traditions Home Builders, Inc. v. O'Connor, 949 A.2d 724 (2008)

Citation
Great Traditions Home Builders, Inc. v. O'Connor, 949 A.2d 724 (2008)
Parent Document
Great Traditions Home Builders, Inc. v. O'Connor, 949 A.2d 724 (2008)
Jurisdiction
New Hampshire (state)
Effective Date
2008-06-13

Other Sections in This Document (29)

Full Text

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153 N.H. 351, 354 (2006) (general use of “shall” makes provision mandatory). The plain language does not, as the plaintiff would have us do, weigh the amount or type of damage resulting from the tenant’s actions or inactions in applying the statute. It does not consider whether that damage may be “cured,” as the plaintiff describes it, by some future action of the tenant. It simply requires that a tenant be notified that his or her actions will be grounds for eviction, in the future, should they continue. The plaintiff’s interpretation of the statute requires that we create an exception based upon the type of damage suffered by the landlord; that is, whether the damage is correctable or not. We will not interpret the statute to create such an exception where the legislature has not seen fit to do so. Nenni v. Comm’r, N.H. Ins. Dep’t, 156 N.H. 578, 581 (2007).