2009-780, Jeanmax Darbouze v. Nancy Champney

J. Miller & Associates, PLLC

No. 2009-780

Hooksett District Court

Champney, appeals an eviction order of the Hooksett District Court (LaPointe CONBOY, J. In this landlord-tenant matter, the tenant, Nancy

Backus, Meyer & Branch, LLP

notice as required by statute. We affirm. not warrant dismissal of the action; and (3) the landlord provided seven days’ the demand for rent and eviction notice, rather than the tenant’s full name, did fatally defective to the landlord’s action; (2) use of “Mrs. Nancy” or “Nancy” on (1) use of the words “Notice to Quit” rather than “Eviction Notice” was not J.) in favor of the landlord, Jeanmax Darbouze. The trial court found that:

for the defendant.

for the plaintiff.

page is: http://www.courts.state.nh.us/supreme. 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 to press. Errors may be reported by E-mail at the following address: editorial errors in order that corrections may be made before the opinion goes Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any Readers are requested to notify the Reporter, Supreme Court of New well as formal revision before publication in the New Hampshire Reports. NOTICE: This opinion is subject to motions for rehearing under Rule 22 as p. 2 “The interpretation of a statute is a question of law, which we review de

eviction. law. III. The eviction notice shall state with specificity the reason for the initiated by forms entitled “Notice To Quit” must be dismissed as a matter of

contends that because of these legislative amendments, eviction proceedings To Quit” with the term “Eviction Notice.” Laws 2006, 192:3. Champney defective. In 2006, several statutes were amended to replace the term “Notice Champney first argues that the eviction notice entitled “Notice To Quit” is

or safety reasons]. II(a), (b), or (d) [rent arrearage, damage to the premises, or health sufficient if the reason for termination is as set forth in RSA 540:2, II. For all residential tenancies, . . . 7 days’ notice shall be

property and requires a landlord to give to the tenant “a notice in writing to RSA 540:2 governs the process for evicting a tenant from residential

entered judgment in favor of Darbouze. This appeal followed. RSA 540:3 reads, in part: claiming that the notices were defective. The trial court denied the motion and service, which is not an issue here). RSA 540:2, II (2007) (emphasis added). tenant writ seeking her eviction. Champney moved to dismiss the action, quit the premises in accordance with RSA 540:3” and RSA 540:5 (relating to After Champney failed to vacate the premises, Darbouze filed a landlord-

legislature might have said nor add words that it did not see fit to include.” Id. not subject to modification.” Id. at 352. “We will neither consider what the at 351-52. “When the language of a statute is clear on its face, its meaning is 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.” Lally v. Flieder, 159 N.H. 350, 351 (2009). “We are the final arbiter of

premises. as “Mrs. Nancy” and “Nancy” and gave her until August 13 to vacate the “Demand For Rent” and a “Notice To Quit.” The notices identified Champney not pay rent due on August 1, and on August 6, Darbouze served her with a that Darbouze had not provided twenty-four hour prior notice. Champney did repair the ceiling, but was denied entry by Champney’s son, who complained complained of water leaking from the kitchen ceiling. Darbouze attempted to yard and making routine or simple repairs. In the summer of 2009, Champney $1,100 and Champney deducts $100 per month in exchange for cleaning the Champney has rented 19 Townhouse Road in Allenstown. The monthly rent is The trial court’s order reflects the following facts. For several years, record whether Darbouze used an outdated Notice To Quit form from the p. 3 same information that is requested on such forms. It is unclear from the these forms, but a valid demand for rent or eviction notice must include the for a demand for rent and eviction notice. A landlord is not required to use RSA 540:5, II (2007) requires the district court to provide standard forms

and the action should have been dismissed. We disagree. To Quit” used only her first name, the notices were defective as a matter of law, Champney next argues that because the “Demand For Rent” and “Notice

enumerated requirements. “notice to quit,” as long as the substance of the notice satisfies the three “eviction notice,” we find no statutory prohibition against the use of the term “eviction notice.” Thus, while the better practice would be the use of the term interpreted as “eviction notice.” The statute does not require use of the term agreement in effect on July 1, 2006, the term “notice to quit” shall be subsection V simply provides a rule of interpretation: In any residential lease too broadly. Rather than rendering the term “notice to quit” legally ineffective, “Notice To Quit” is defective as a matter of law. Champney reads the statute Champney argues that RSA 540:3, V establishes that any notice entitled

requirements set forth in RSA 540:3. $15 in liquidated damages. Accordingly, the notice meets the three informed Champney of her right to avoid eviction by paying all arrearages and days “to quit and deliver . . . possession of the property” to the landlord, and it neglect or refusal to pay rent in the amount of $2,350, it gave Champney seven In this case, the eviction notice stated that the reason for eviction was

require use of the term “Eviction Notice.” eviction by paying arrearages and liquidated damages. RSA 540:3 does not nonpayment of rent, must inform the tenant of his or her right to avoid the with specificity the reason for the eviction, and, if the eviction is based on arrearage. The landlord must provide notice of at least seven days, must state landlord must include in any notice to evict a residential tenant for rent The plain language of RSA 540:3 sets forth three requirements that a

to quit shall be deemed an eviction notice under this section. agreement for residential tenants in effect on July 1, 2006, a notice V. For the purpose of interpreting or enforcing any lease or rental

accordance with RSA 540:9.

eviction by payment of the arrearages and liquidated damages in shall inform the tenant of his or her right, if any, to avoid the IV. If the eviction notice is based on nonpayment of rent, the notice p. 4 Dist. Ct. R.

holiday . . . . shall be included, unless it is a Saturday, Sunday, or a legal run shall not be included. The last day of the period so computed event, or default after which the designated period of time begins to rules, by order of court, or by applicable law, the day of the act, In computing any period of time prescribed or allowed by these

District Court Rule 1.1A provides that:

Affirmed

BRODERICK, C.J.