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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 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 ___________________________ Manchester District Court No. 2008-706 SOUTH WILLOW PROPERTIES, LLC v. BURLINGTON COAT FACTORY OF NEW HAMPSHIRE, LLC Argued: September 10, 2009 Opinion Issued: December 16, 2009 Sheehan Phinney Bass + Green, P.A., of Manchester (James F. Ogorchock and John Mark Turner on the brief, and Mr. Ogorchock orally), for the plaintiff. Cleveland, Waters and Bass, P.A., of Concord (William B. Pribis on the brief and orally), for the defendant. BRODERICK, C.J. This is a commercial landlord/tenant dispute between the landlord, plaintiff South Willow Properties, LLC (South Willow), and the tenant, defendant Burlington Coat Factory of New Hampshire, LLC (BCF). BCF appeals an order of the Manchester District Court (Emery, J.) finding that it failed to obtain South Willow's permission before replacing the roof at its retail store, and that such failure constitutes a breach of the lease and grounds for eviction. We affirm.

The record contains the following facts. BCF, a retail clothing merchant, is a tenant in a shopping plaza in Manchester owned by South Willow. In late 2002, BCF assumed the obligations under a 1974 lease between the parties' predecessors-in-interest and took occupancy of the space at issue. When BCF moved into the premises, there were occasional leaks in the roof that were satisfactorily repaired by South Willow. In 2003, BCF undertook renovations to the property that included removing an interior concrete loadbearing wall, which caused serious structural problems; removing seven HVAC units and installing sixteen new units, which resulted in several large holes in the roof; and changing the fa

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