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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Showing 21–40 of 158 results

DARBOUZE v. Champney, 8 A.3d 105 (2010)

DARBOUZE v. Champney, 8 A.3d 105 (2010) New Hampshire state

...If the eviction notice is based on nonpayment of rent, the notice shall inform the tenant of his or her right, if any, to avoid the eviction by payment of the arrearages and liquidated damages in accordance with RSA 540...

Muse v. Merrimack Valley National Bank, 114 N.H. 700 (1974)

Muse v. Merrimack Valley National Bank, 114 N.H. 700 (1974) New Hampshire state

Defendant argues that the rent increase amounted to a constructive eviction. Since the letter of June 30, 1971, was a proper notice to quit, the rental increase which it contained did not constitute a constructive eviction. Once Mrs. Turgeon received...

DARBOUZE v. Champney, 8 A.3d 105 (2010)

DARBOUZE v. Champney, 8 A.3d 105 (2010) New Hampshire state

...The trial court found that: (1) use of the words “Notice to Quit” rather than “Eviction Notice” was not fatally defective to the landlord’s action; (2) use of “Mrs. Nancy” or “Nancy” on the demand for rent and eviction...

§ 20

South Willow Properties, LLC v. Burlington Coat Factory of New Hampshire, LLC, 986 A.2d 506 (2009) New Hampshire state

...91 (2008), “the landlord must take some affirmative step to put the tenant on notice that the landlord’s acceptance of future rent after claiming a breach and serving an eviction notice will not operate as a waiver of the...

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

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

notice to a tenant as to what constitutes grounds for eviction, either by specific reference in the statute, or by written notice prior to eviction, if eviction is sought through the “other good cause” provision for actions or inactions of...

DARBOUZE v. Champney, 8 A.3d 105 (2010)

DARBOUZE v. Champney, 8 A.3d 105 (2010) New Hampshire state

In this case, the eviction notice stated that the reason for eviction was neglect or refusal to pay rent in the amount of $2,350, it gave Champney seven days “to quit and deliver . . . possession of the property” to the...

Richard Horton & a. v. David Clemens & a. (2020)

Richard Horton & a. v. David Clemens & a. (2020) New Hampshire state

The landlords rely upon this language to argue that the content of an eviction notice need only comply with RSA 540:3 to be legally sufficient. However, in Darbouze, although the title of the eviction notice might have differed from...

Richard Horton & a. v. David Clemens & a. (2020)

Richard Horton & a. v. David Clemens & a. (2020) New Hampshire state

...In that case, the tenant argued that the eviction notice was defective because it was entitled “Notice to Quit.” Darbouze, 160 N.H. at 698 (quotation omitted). In rejecting this argument, we observed that “while the better practice would be...

Richard Horton & a. v. David Clemens & a. (2020)

Richard Horton & a. v. David Clemens & a. (2020) New Hampshire state

...The plaintiffs, Richard and Janice Horton (landlords), appeal an order of the Circuit Court (Mace, J.) dismissing their petition to evict the defendants, David Clemens and April Hanks (tenants), for nonpayment of rent on the ground that the eviction notice...

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

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

...the landlord shall, prior to the issuance of the eviction notice, provide the tenant with written notice stating that in the future such actions or inactions would constitute grounds for eviction.

Richard Horton & a. v. David Clemens & a. (2020)

Richard Horton & a. v. David Clemens & a. (2020) New Hampshire state

...The tenants subsequently moved to dismiss the eviction proceeding on the ground that the failure to include in the eviction notice the same information that is provided on the judicial branch form rendered the notice fatally defective and required dismissal...

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

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

Here, the plaintiff acknowledges that its eviction notice was brought under the “other good cause” provision of RSA 540:2, II and was based upon certain actions by the tenant/defendant. Regardless of the fact that the damage it allegedly...

Richard Horton & a. v. David Clemens & a. (2020)

Richard Horton & a. v. David Clemens & a. (2020) New Hampshire state

2 quoted paragraph is required, dismissal of the eviction proceeding is not the proper remedy for their failure to include it in the eviction notice.

Richard Horton & a. v. David Clemens & a. (2020)

Richard Horton & a. v. David Clemens & a. (2020) New Hampshire state

5 In effect, the landlords argue that the statutory scheme purposely intends that tenants not be informed of the legal significance of the statutorily- mandated eviction notice so as to prevent tenants from being aware of their legal right to...

Leigh Mae Friedline & a. v. Eugene Roe, 166 N.H. 264 (2014)

Leigh Mae Friedline & a. v. Eugene Roe, 166 N.H. 264 (2014) New Hampshire state

...In March 2012, Friedline served him with an eviction notice, ordering him to vacate the premises within thirty days. Although the eviction notice stated that the buildings were owned by both Kellogg-Roe and Friedline, only Friedline signed the notice...

Richard Horton & a. v. David Clemens & a. (2020)

Richard Horton & a. v. David Clemens & a. (2020) New Hampshire state

...When terminating a tenancy for this reason, the landlord must give the tenant seven days’ notice. RSA 540:3, II (2007). In addition, the eviction notice must “state with specificity the reason for the eviction,” and must “inform the tenant...

Hynes v. Hale, 146 N.H. 533 (2001)

Hynes v. Hale, 146 N.H. 533 (2001) New Hampshire state

We disagree that the notice to quit converted the parties’ dispute over the validity of the requirement that Hale replace six-foot-high fencing with four-foot-high fencing into an “eviction.” We need not decide whether the filing of...

White Cliffs at Dover v. Bulman, 151 N.H. 251 (2004)

White Cliffs at Dover v. Bulman, 151 N.H. 251 (2004) New Hampshire state

...533, 539 (2001) (“Although the notice to quit may be a requisite step in the eviction process, it is not itself an eviction action.”) Thus, the district court correctly ruled that the presumption was inapplicable. II. Retaliation