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 ___________________________ Concord District Court No. 2010-765 PHYLLIS BUATTI v. ALICIA PRENTICE Submitted: May 19, 2011 Opinion Issued: June 30, 2011 Phyllis Buatti, by brief, pro se.

Alicia Prentice, by brief, pro se. LYNN, J. The defendant, Alicia Prentice (tenant), appeals from a judgment entered by the Concord District Court (DeVries, J.) in favor of the plaintiff, Phyllis Buatti (landlord), ruling that the landlord is entitled to a writ of possession. We reverse. The tenant rents an apartment in Pittsfield from the landlord. On September 7, 2010, the tenant was served with a demand for rent alleging that the rent was in arrears in the amount of $1,520.00 for the period from July 18, 2010, to September 11, 2010. On September 12, 2010, the tenant was served with a "notice to quit" requiring her to deliver up the premises to the landlord "unless the total rent and $15.00 ($615.00), pursuant to RSA 540[:]9, is

received in accordance with the demand for rent served simultaneously upon you." Thereafter, the landlord sought a writ of possession in the district court. Following a hearing, the district court issued an order stating: The Court finds that the Tenant is not current on her rent although the exact amount of arrearage is unclear. Both parties were unable to establish a specific amount due although a finding is entered that rent has not been paid as required [and] that landlord is entitled to possession of the property. Thereafter, the tenant appealed. The tenant has not provided us with a transcript of the hearing held below. In the absence of a transcript of the trial in the district court, we assume that the evidence was sufficient to support the result reached by the district court. See Bean v. Red Oak Prop. Mgmt., 151 N.H. 248, 250 (2004). Accordingly, we will review the district court's decision for errors of law only. See Atwood v. Owens, 142 N.H. 396, 396-97 (1997). The tenant challenges the demand for rent, stating that it sets forth an "outrageous amount[] owed, that didn't add up." She contends that the demand exceeds the amount of back rent actually owed

Download 2010-765 Phyllis Buatti v. Alicia Prentice.pdf

New Hampshire Law