2008-917, CHRISTOPHER LALLY v. LAUREN FLIEDER

September 2, 2008, Flieder filed an action with the trial court seeking unpaid

Lally, however, remained in the apartment through the end of August. On notice requiring that he vacate the apartment on or before August 31, 2008. the following summer. That same day, Flieder served Lally with an eviction

paid rent for the month of August but told Flieder that he was not moving until

Lally’s tenancy would terminate at the end of August. On July 31, 2008, Lally

did not have a written lease agreement. In June 2008, the parties agreed that Flieder as a month-to-month tenant for approximately two years. The parties

The record supports the following facts. Lally rented an apartment from

defendant, Lauren Flieder. We reverse and remand. Court’s (Boyle, J.) dismissal of his RSA chapter 540-A action against the HICKS, J. The plaintiff, Christopher Lally, appeals the Concord District

Lauren Flieder, pro se, filed no brief.

Christopher Lally, by brief, pro se. to press. Errors may be reported by E-mail at the following address:

page is: http://www.courts.state.nh.us/supreme. CHRISTOPHER LALLY

No. 2008-917 editorial errors in order that corrections may be made before the opinion goes Concord District Court Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any Readers are requested to notify the Reporter, Supreme Court of New ___________________________

a.m. on the morning of their release. The direct address of the court's home reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00

well as formal revision before publication in the New Hampshire Reports. NOTICE: This opinion is subject to motions for rehearing under Rule 22 as but not briefed, and therefore we deem it waived. process or during temporary emergencies. p. 2 right to quiet enjoyment under RSA 540-A:2 is raised in the notice of appeal interruption as may be necessary while actual repairs are in control of the landlord, except for such temporary

in violation of RSA 540-A:2. A third issue regarding an alleged violation of the refrigeration, whether or not the utility service is under the

television is not a protected utility under RSA 540-A:3, I.

not see fit to include.

modification. 540-A:3, I. Second, he contends that Flieder attempted to unlawfully evict him heat, light, electricity, gas, telephone, sewerage, elevator or supplied to the tenant including, but not limited to water, interruption or termination of any utility service being No landlord shall willfully cause, directly or indirectly, the petition for a writ of possession and dismissed Lally’s action, ruling that cable designed to carry out a self-help eviction. The trial court granted Flieder’s RSA 540-A:3, I, provides: apartment. Lally argued that the termination of the cable connection was

neither consider what the legislature might have said nor add words that it did

Dalton Hydro v. Town of Dalton, 153 N.H. 75, 78 (2005). We will

When the language of a statute is clear on its face, its meaning is not subject to cable television service is not a protected utility service for purposes of RSA possible, we ascribe the plain and ordinary meanings to the words used. Id. as a whole. Id. We first examine the language of the statute, and, where the intent of the legislature as expressed in the words of the statute considered novo. Kenison v. Dubois, 152 N.H. 448, 451 (2005). We are the final arbiter of The interpretation of a statute is a question of law, which we review de

N.H. 226, 230 (2003). discovering this information, she disconnected a wire supplying cable to Lally’s See In re Estate of King, 149

On appeal, Lally first argues that the trial court erred by ruling that filed a petition with the trial court pursuant to RSA chapter 540-A. that she restore the cable television service. After Flieder failed to do so, Lally

apartment was receiving cable television through an illegal connection. Upon testified that after speaking with the cable provider, she learned that Lally’s for relief and Flieder’s petition for a writ of possession. At the hearing, Flieder On September 24, 2008, the trial court held a hearing on Lally’s request

television service to Lally’s apartment. Lally wrote a letter to Flieder requesting rent and a writ of possession. Six days later, Flieder terminated the cable the person without giving proper notice.”

p. 3 “This bill is needed because of the abuse of a landlord to his tenants in evicting

or other utilities.” Moreover, the New Hampshire House Journal indicates: seeking to evict a tenant would “do things such as turn off the heat, electricity the Senate Public Works Committee considered testimony that a landlord

intended to prevent landlords from engaging in self-help tactics. At a hearing,

deter. The legislative history supports the conclusion that RSA 540-A:3, I, was accomplishing a self-help eviction — the very evil the legislature meant to termination of a tenant’s cable television service would be a means of

our opinion.

news information and entertainment by way of cable. Thus, the unlawful

A:2. We remand this issue to the trial court for further consideration in light of defendant attempted to unlawfully evict the plaintiff in violation of RSA 540opinion. We note that the trial court did not address specifically whether the

concurred. 540-A:3, I.

being. Indeed, many people access essential telephone service, the Internet, television also pertains to the habitability of a dwelling and a person’s wellpertain to the habitability of a dwelling or a person’s well-being. Modern cable

RSA 540-A:3, I, claim and remand for further proceedings consistent with this

BRODERICK, C.J.