Colonial Village, Inc. v. Pelkey

Summary

The New Hampshire Supreme Court held that a landlord's acceptance of future rent does not necessarily create a new tenancy or waive the landlord's right to proceed with an eviction. Notice to the tenant that the landlord intended to continue eviction proceedings despite accepting rent supported the eviction. The court distinguished Miller v. Slania Enterprises and affirmed the trial court's judgment for possession.

Holdings

1. A landlord's acceptance of future rent does not necessarily create a new tenancy or waive the right to evict. Whether acceptance of rent waives the right to proceed with eviction depends on the circumstances, including evidence that the landlord intended to continue the eviction proceedings.
2. The landlord's July 12, 2006 letter, sent after dismissal of the first eviction proceeding and before initiation of the second proceeding, sufficiently notified the tenant that acceptance of future rent would not waive the landlord's right to evict.
3. RSA 540:13, VII does not govern a landlord's acceptance of future rent; it provides a safe harbor only for acceptance of rental arrearages in specified nonpayment eviction circumstances when the tenant is notified that payment will not stop the eviction proceeding.

Questions Presented

1. Whether a landlord's acceptance of future rent after providing notice that the eviction would proceed necessarily waives the notice to quit and creates a new tenancy.
2. Whether the landlord's pre-notice letter was sufficient to inform the tenant that acceptance of future rent would not waive the landlord's right to evict.
3. Whether RSA 540:13, VII permits a landlord to accept future rent without creating a new tenancy.

Disposition

affirmed