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Laws-info.com » Cases » New Hampshire » Supreme Court » 2009 » 2008-402, DANIEL ZORN & a. v. GEORGE DEMETRI & a.
2008-402, DANIEL ZORN & a. v. GEORGE DEMETRI & a.
State: New Hampshire
Court: Supreme Court
Docket No: 2008-402
Case Date: 03/18/2009
Preview: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 Charles Doe 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 ___________________________ Nashua District Court No. 2008-402 DANIEL ZORN & a. v. GEORGE DEMETRI & a. Submitted: February 18, 2009 Opinion Issued: March 18, 2009 Law Office of Dennis C. Hogan, PLLC, of Nashua (Dennis C. Hogan on the brief), for the plaintiffs. Tarbell & Brodich P.A., of Concord (Eaton W. Tarbell, III on the brief), for the defendants. BRODERICK, C.J. The plaintiffs, Daniel and Cynthia Zorn, appeal an order of the Nashua District Court (Leary, J.) ruling that the defendants, George and Stella Demetri, are not landlords as that term is defined in RSA 540-A:5 (2007). We affirm. The relevant facts are undisputed. During the time relevant to this appeal, the defendants owned three properties: the home in which they resided; a single-family home in Hollis; and a vacation home in York Beach, Maine. The defendants rented the vacation home to others on a weekly basis for several weeks during the summer and occasionally during the other seasons.

In November 2006, the defendants rented the single-family home in Hollis to the plaintiffs at a monthly rent of $2,500. In addition to the first month's rent, the plaintiffs paid $10,000 as a security deposit. After the plaintiffs vacated the single-family home in 2007, they brought suit alleging, inter alia, violations of RSA 540-A:6 (2007), which governs security deposits. The trial court ruled that because the defendants were not landlords as defined in RSA 540-A:5, I, the statutory provisions governing security deposits did not apply to them. The plaintiffs appeal that ruling. We will sustain the trial court's findings and conclusions unless they are lacking in evidential support or tainted by error of law. Greenhalgh v. Presstek, 152 N.H. 695, 701 (2005). The interpretation of a statute is a question of law, which we review de novo. Correia v. Town of Alton, 157 N.H. 716, 718 (2008). In matters of statutory interpretation, we are the final arbiters of the legislature's intent as expressed in the words of the statute considered as a whole. We first look to the language of the statute itself, and, if possible, construe that language according to its plain and ordinary meaning. We interpret legislative intent from the statute as written and will not consider what the legislature might have said or add language that the legislature did not see fit to include. In re Alexis O., 157 N.H. 781, 785 (2008). We construe all parts of a statute together to effectuate its overall purpose and avoid an absurd or unjust result. Moreover, we do not consider words and phrases in isolation, but rather within the context of the statute as a whole. This enables us to better discern the legislature's intent and to interpret statutory language in light of the policy or purpose sought to be advanced by the statutory scheme. Id. RSA 540-A:5 includes the following definitions: I. "Landlord" means a person . . . who rents or leases to another person a rental unit, including space in a manufactured housing park as regulated by RSA 205-A and in manufactured housing, for other than vacation or recreational purposes. A person who rents or leases a single-family residence and owns no other rental property or who rents or leases rental units in an owner-occupied building of 5 units or less shall not be considered a "landlord" for the purposes of this subdivision . . . . .... III. "Tenant" means any person who rents or leases residential premises owned by another, including space in a manufactured housing park regulated by RSA 205-A and in manufactured housing, for other than vacation or recreational purposes.

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IV. "Rental unit" means each separate part of any residential premises which has full facilities for habitation, including contiguous living, sleeping, kitchen and bathroom facilities, which is held out for rental by the landlord. (Emphasis added.) The defendants rented a single-family residence to the plaintiffs
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