Legal Opinion

Colonial Village, Inc. v. Pelkey

Supreme Court of New Hampshire

Decided April 4, 2008No. 2007-349PublishedCited by 1 opinion

1Opinion of the CourtDalianis, J.

The defendant, Robert Pelkey (tenant), appeals a decision of the Manchester District Court (Lyons, J.) granting the plaintiff, Colonial Village Inc. (landlord), possession of his apartment. See RSA ch. 540 (2007 & Supp. 2007). We affirm.

The record supports the following: The landlord entered into consecutive lease agreements with the tenant from 2002 through 2005. In September 2005, the landlord served the tenant with a notice to quit, but, thereafter, accepted rent from the tenant. At the first eviction hearing, the tenant argued that the landlord’s acceptance of rent created a new tenancy,…

2Cases cited3 opinions

  1. Corcoran Management Co. v. WithersMassachusetts Appeals Court · 1987
  2. Miller v. Slania Enterprises, Inc.Supreme Court of New Hampshire · 2004
  3. Wang v. Marcus Brush Co.Appellate Court of Illinois · 2005

3Cited by1 opinion

  1. South Willow Properties, LLC v. Burlington Coat Factory of New Hampshire, LLCSupreme Court of New Hampshire · 2009

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