Justia Landlord - Tenant Opinion Summaries

Articles Posted in New Hampshire Supreme Court
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Defendants, 150 Realty, LLC and Harbour Links Estates, LLC, appeal superior court orders denying their motions to dismiss or stay actions filed by plaintiffs, Hoyle, Tanner & Associates, Inc. (HTA), McLean Communications, LLC (McLean), and At Comm Corporation. Plaintiffs leased commercial space located at 150 Dow Street in Manchester, New Hampshire. Their tenancies commenced between 1992 and 2001, after they entered into separate lease agreements with the property owner, One Dow Court, Inc. (ODC). The lease agreements allotted each plaintiff a specific number of parking spaces adjacent to the 150 Dow Street building and allowed plaintiffs to use additional spaces in other parking areas. Each agreement also provided that “lessee’s parking rights are subject to lessor’s reasonable rules and regulations.” The trial court ruled that plaintiffs’ claims relating to defendants’ imposition of certain parking rules and fees did not fall within the scope of identical arbitration clauses included in each of the plaintiffs’ lease agreements. The trial court also granted partial summary judgment to HTA and McLean on their declaratory judgment claims, concluding that defendants’ parking rules that assess fees for certain parking spaces were unenforceable. Finding no reversible error in the trial court's judgment, the New Hampshire Supreme Court affirmed. View "Hoyle, Tanner & Associates, Inc. v. 150 Realty, LLC" on Justia Law

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Plaintiff The Skinny Pancake-Hanover, LLC, appealed superior court decisions to grant partial summary judgment to defendants, Crotix and James and Susan Rubens, on plaintiff’s breach of contract claim, and that dismissed plaintiff’s claim against defendants for breach of the implied covenant of good faith and fair dealing. Plaintiff entered into a lease with defendants for a single unit in the Hanover Park Condominium building. The lease gave plaintiff the option to purchase its rental unit along with certain other units in the building. Less than a year later, plaintiff notified defendants it wanted to exercise its purchase option. Defendants “declined” plaintiff’s request, stating that plaintiff’s attempted exercise of the option was untimely under the terms of the agreement. Plaintiff sued; defendants answered, asserting the notice plaintiff sent regarding purchase of the rental unit was insufficient to trigger the option under the original lease agreement. Finding the superior court did not err in granting judgment in favor of defendants, the New Hampshire Supreme Court affirmed. View "The Skinny Pancake-Hanover, LLC v. Crotix" on Justia Law

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Plaintiff Natalie Anderson appealed a circuit court judgment entered in favor of defendant Adam Robitaille on her petition seeking damages and other relief pursuant to RSA chapter 540-A. Defendant was the general manager of the Homewood Suites by Hilton hotel in Nashua. In November 2015, plaintiff and her husband began residing at Homewood. According to plaintiff, she and her husband shared a full-size apartment with a fully-equipped kitchen, a separate bedroom, separate bathroom, living room, and a dining area, for which they were charged $84 per night plus tax for the unit. Their stay was originally intended to last approximately one year. Plaintiff asserted their stay was extended until May 2017. According to plaintiff, on or about January 4, 2017, defendant informed her by e-mail that her stay would not be extended past January 6. Plaintiff contended that the deadline was later extended to January 10, but was told that if she and her husband did not leave on January 10, the police would be called. Plaintiff brought the instant petition under RSA chapter 540-A on January 9, requesting, in addition to statutory damages, that the trial court enjoin the defendant from ejecting her and her husband from their residential unit. At a January 18 hearing, the parties agreed that the dispositive issue before the court was whether plaintiff and her husband were “tenants” entitled to remedies under RSA chapter 540-A. They further agreed that the court could decide the matter based upon the parties’ pleadings. The trial court found in favor of defendant, concluding that plaintiff and her husband were not “tenants” entitled to RSA chapter 540-A remedies. Plaintiff unsuccessfully moved for reconsideration. The New Hampshire Supreme Court agreed with the circuit court: plaintiff and her husband were not tenants entitled to remedies under RSA chapter 540-A as a matter of law. View "Anderson v. Robitaille" on Justia Law