Fulton v. Allard's Moving & Storage, Inc., 139 N.H. 582 (1995)

Citation: Fulton v. Allard's Moving & Storage, Inc., 139 N.H. 582 (1995)
Parent Document: Fulton v. Allard's Moving & Storage, Inc., 139 N.H. 582 (1995)
Jurisdiction: New Hampshire (state)
Effective Date: 1995-06-06
Original Source: https://www.courtlistener.com/opinion/8091445/fulton-v-allards-moving-storage-inc/ ↗

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Id. RSA 540-A:3, VII vests in the landlord the right to dispose of the personal property that the tenant has not removed within forty-five days of vacating the premises. In this case, Federal waited over sixty days before causing the property to be packaged and moved. Accordingly, Federal had the right to dispose of it in any manner. Id. That right is sufficient to create a lien in the tenant’s property enforceable against the tenant. See 2 J. WHITE & R. SUMMERS, *585Uniform Commercial Code § 21-6, at 188 (3rd ed. 1988) (bad public policy to deny warehouseman lien when sheriff evicts tenant and causes goods to be stored because “it is in nobody’s interest to leave such goods on the sidewalk” (quotation omitted)).

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