AIMCO Properties, LLC v. Dziewisz

New Hampshire Supreme Court · Property

PropertyLandlord-TenantEvictionrestricted propertynotice to quitgood causelease expirationtenant at sufferance

Facts

The parties entered into a lease running from September 1, 2003, to August 31, 2004. On July 12, 2004, the landlord sent the tenant a letter stating that it would not renew the lease and that she had to vacate by August 31, 2004. After the tenant remained in possession, the landlord sought a writ of possession. The tenant moved to dismiss, arguing in relevant part that the landlord failed to state good cause for eviction in the notice.

Issue

When a landlord of restricted property seeks to recover possession after a tenant's lease expires, does the mere expiration of the lease, standing alone, constitute "good cause" for eviction under RSA 540:2, II? If not, must the notice to quit state some other specific statutory reason for eviction?

Rule

Under RSA 540:2, II, a landlord of restricted property may terminate any tenancy only for one of the statute's listed reasons, and RSA 540:3, III requires the notice to quit to state with specificity the reason for the eviction. Mere expiration of a lease, by itself, is not "other good cause" and therefore does not satisfy the statutory good-cause requirement.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.

Maple Terrace Homes, a large apartment complex in Manchester, New Hampshire, rented an apartment to Elena Cruz under a one-year written lease. Thirty days before the lease ended, the landlord sent Elena a letter stating only that the lease would end on June 30 and would not be renewed, and that she must vacate by that date.

Elena remains in possession after June 30, and Maple Terrace files for possession based solely on that letter. Assuming the complex is restricted property and the letter otherwise qualifies as a notice to quit, which is the best result?

Explanation. For restricted property, the landlord may terminate any tenancy only for one of the statutory reasons, and the notice to quit must state with specificity the reason for eviction. The majority held that mere lease expiration, standing alone, is not "other good cause." Therefore, a notice stating only nonrenewal or lease expiration is insufficient.