AIMCO Properties, LLC v. Dziewisz case brief

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

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.