Friday, March 23, 2012

AIMCO Properties, LLC v. Dziewisz case brief

AIMCO Properties, LLC v. Dziewisz
Supreme Ct of NH, 2005

-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

: Did the District Court err in dismissing D’s motions?

Yes. Prior to the expiration of the lease, the D had a leasehold tenancy

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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