Jerry Gaucher v. Gary E. Waterhouse, Trustee of the Waterhouse Realty Trust & a.; Jerry Gaucher v. Gary Waterhouse & a. (2022)

Citation: Jerry Gaucher v. Gary E. Waterhouse, Trustee of the Waterhouse Realty Trust & a.; Jerry Gaucher v. Gary Waterhouse & a. (2022)
Parent Document: Jerry Gaucher v. Gary E. Waterhouse, Trustee of the Waterhouse Realty Trust & a.; Jerry Gaucher v. Gary Waterhouse & a. (2022)
Jurisdiction: New Hampshire (state)
Effective Date: 2022-07-20
Original Source: https://www.courtlistener.com/opinion/10271738/jerry-gaucher-v-gary-e-waterho... ↗

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        When the plaintiff refused to vacate the property, Klemm filed a petition
to evict the plaintiff. Pursuant to an agreement with Klemm, Gary Waterhouse
agreed to pursue and assume the costs of the eviction action on Klemm’s
behalf. For the next five months, during the pendency of the eviction petition,
the plaintiff remained in possession of the premises and continued to operate
his restaurant without paying rent to either Klemm or the Trust. In December
2015, the Circuit Court (Stephen, J.) issued an order finding that, although the
Trust’s failure to pay the termination fee on July 1 may support a claim for
damages, it did not resurrect the tenancy. Accordingly, the court granted the
eviction because the plaintiff failed to demonstrate “that the original lease is
still in existence.” The plaintiff thereafter vacated the premises without
appealing the eviction order.

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