AIMCO Properties, LLC v. Dziewisz
Supreme Ct of NH, 2005
FACTS
-Parties entered into one year lease, P sent D letter warning of impending termination of lease, that D must vacate
-when D failed to vacate, P sued seeking writ of possession
-D filed 3 motions to dismiss, all denied by district court
Issue: Did the District Court err in dismissing D’s motions?
Holding: Yes. Prior to the expiration of the lease, the D had a leasehold tenancy
RULES
Supreme Ct of NH, 2005
FACTS
-Parties entered into one year lease, P sent D letter warning of impending termination of lease, that D must vacate
-when D failed to vacate, P sued seeking writ of possession
-D filed 3 motions to dismiss, all denied by district court
Issue: Did the District Court err in dismissing D’s motions?
Holding: Yes. Prior to the expiration of the lease, the D had a leasehold tenancy
RULES
Good business reasons may constitute “good cause".
Concurrence concerned about consequences of the majority’s reasoning would lead to a “perpetual tenancy” – virtually a “life interest” in favor of a tenant covered by the statute.
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