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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Noble Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme.
THE SUPREME COURT OF NEW HAMPSHIRE
Durham District Court
No. 2003-191
JOSEPH MILLER
v.
SLANIA ENTERPRISES, INC.
Argued: February 5, 2004
Opinion Issued: March 15, 2004
Joanne M. Stella, of Durham, by brief and orally, for the plaintiff.
Lynne C. Christie, of Durham, by brief and orally, for the defendant.
New Hampshire Legal Assistance, of Manchester (Elliott Berry on the brief), for The Way Home, as amicus curiae .
BRODERICK, C.J. The defendant, Slania Enterprises, Inc. (landlord), appeals a decision of the Durham District Court (Larson, J.) awarding damages to the plaintiff, Joseph Miller, as a result of an illegal eviction. We affirm.
The record supports the following facts. The landlord entered into a lease agreement with the plaintiff and others (tenants) for an apartment in Durham. The lease ran from June 2001 until May 25, 2002, and called for monthly rent of $2,000. The tenants failed to pay the total rent due for April 2002 on time. The landlord brought an eviction action for nonpayment of rent, which resulted in the issuance of a default judgment and writ of possession on April 19, 2002.
On April 25, 2002, the plaintiff and a fellow tenant met with Tom Christie, the landlord

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